
Life in Newfoundland and Labrador can be unpredictable. From navigating the roads with sudden and harsh storms to unexpected health events, circumstances can change rapidly. A Power of Attorney (POA) and Advanced Health Care Directive (AHCD) are powerful tools that ensure your voice is heard and your wishes are respected, even if you are unexpectedly unable to manage your own affairs due to an accident or illness. They allow you to choose who will handle your finances and healthcare decisions if you can’t do so yourself. At Orr Cabot Crosbie Oley Law, our experienced Wills and Estates lawyers understand the complexities of Newfoundland and Labrador law surrounding Powers of Attorney and Advanced Health Care Directives. Let us help you prepare these essential documents, ensuring they align with your needs and provide peace of mind for the future.
What is a Power of Attorney and Advanced Health Care Directive?
A Power of Attorney (POA) and Advanced Health Care Directive (AHCD) are legal documents that give someone you trust the authority to act on your behalf if you become unable to do so yourself. The person you appoint is called your “attorney” in a Power of Attorney and a “substitute decision-maker” in an Advanced Healthcare Directive. Importantly, while it’s called a “Power of Attorney,” this person doesn’t have to be a lawyer – it can be a spouse, adult child, trusted friend, or any capable person you choose.
These two documents act differently each granting specific powers:
- Power of Attorney: This allows your attorney to manage your finances. This includes tasks like paying bills, investing your assets, filing taxes, and even selling property if necessary.
- Advanced Health Care Directives: This empowers your substitute decision maker to make medical decisions if you cannot. This might involve choosing doctors, consenting to treatments, or making choices about end-of-life care.
It’s crucial to note that a Power of Attorney and Advanced Health Care Directives only becomes effective if you’re deemed mentally incapable of making your own decisions. While you are capable, you retain full control. Think of a POA and AHCD as your insurance policies for the future, ensuring your best interests are protected should the unexpected occur.
Regardless of Your Age, You Need a Power of Attorney and Advanced Health Care Directive
It’s easy to think that Powers of Attorney and Advanced Health Care Directives are only necessary for older adults. However, life is unpredictable, and accidents or sudden illnesses can strike anyone, regardless of age. A car accident, a serious health diagnosis, or even a temporary incapacitation due to surgery can leave you temporarily or permanently unable to manage your affairs.
If you don’t have a Power of Attorney and Advanced Health Care Directive, critical decisions about your finances and healthcare might fall to the courts. This process can be lengthy and stressful and may not result in the outcome you would have wanted. Loved ones might disagree about the best course of action, or a judge may appoint someone unfamiliar with your values or wishes.
Having a Power of Attorney and Advanced Health Care Directive is an act of self-care and a gesture of love toward your family. It ensures your preferences are prioritized and gives those you trust the legal authority to act quickly on your behalf. In an already difficult time, a properly drafted POA and AHCD minimize potential conflict. It removes unnecessary burdens from those you love, allowing them to focus on supporting your recovery or providing comfort during your final days.
Choosing Your Power of Attorney and Substitute Decision Maker
The most important decision is who you will name as your attorney and substitute decision maker. This should be someone you deeply trust, who understands your values and is responsible and capable of handling the tasks involved. While you can technically prepare a Power of Attorney or Advanced Health Care Directive document independently, consulting with a lawyer experienced in Wills and Estates is highly advisable.
Creating a Power of Attorney and Advanced Health Care Directive
A lawyer ensures your Power of Attorney and Advanced Health Care Directive is tailored to your specific needs and is legally valid in Newfoundland and Labrador. They can also advise you about placing limitations or safeguards within the document. For example, you might require that major financial transactions, such as selling a home, need approval from a second trusted individual.
Let the Wills and Estates Team at Orr Cabot Crosbie Oley Law Help
Executing a Power of Attorney and Advanced Health Care Directive is one of the most thoughtful and responsible things you can do for yourself and your loved ones. Those documents provide safeguards in the face of life’s uncertainties, ensuring that your wishes are respected and your best interests protected if there comes a time when you can’t speak for yourself. Don’t put off this crucial part of estate planning.
The experienced Wills and Estates team at Orr Cabot Crosbie Oley Law has extensive experience in drafting Powers of Attorney and Advanced Health Care Directives tailored to the unique needs of individuals and families throughout Newfoundland and Labrador. Let us guide you through the process, ensuring you have the peace of mind that comes with knowing your future is in trustworthy hands. Contact us today to schedule your consultation and start protecting what matters most.