Don’t allow boilerplate language to dictate your end of life care Part 2: DIY Powers of Attorney For Personal Care

Times are tough and many people are looking to save money. One way people look for savings is by using DIY Powers of Attorney. There are a myriad of problems with these forms. One of the big problems we see at Law365 are sections labelled “restrictions” or “special provisions”. These sections are designed to allow the client some level of customization in an otherwise boilerplate form. Unfortunately, most clients do not know what to put in these sections so they either leave the section blank or write “none”. Other times people enter text or check boxes without properly considering the implications these effects have on their end of life care. Both options can result in significant negative effects for clients.

When an individual lacks capacity, healthcare decisions can cause a dispute between substitute decision makers, healthcare providers and the individual’s loved ones. In these circumstances, the Power of Attorney for Personal Care is reviewed to determine if the individual left instructions related to personal care decisions. The POA allows the individual to speak for themselves on various issues while they have capacity. In circumstances where there is a blank “special provisions” or similar section, the POA provides no guidance to end the dispute. Alternatively, if instructions are left that had not been thought out, individuals are left to suffer.

At Law365 we ask our clients detailed questions about personal care decisions, faith and end of life decisions. These conversations are difficult, but they allow our clients the comfort of knowing that the document we create will reflect their true values as it relates to their personal care.