Power of Attorney: Plan Today for Your Care Tomorrow

As we age, it’s natural to think about the future. What would happen if the day comes when you can’t make decisions for yourself? Who will take care of your affairs? Thinking about this is not being negative; it is a matter of being responsible. It is an act of love to yourself and to your family.

A legal and safe way to make arrangements is through a Power of Attorney (POA). This is a document that lets you choose someone you trust to represent you if you are unable to do so .

What is a Power of Attorney?

It is a legal document where you designate someone else –your children, a family member, or a trusted friend– to act on your behalf. This person is known as your Agent.

You decide what kind of decisions they can make, from handling your bank accounts, paying your bills, and selling property to making decisions about your health.

What is it for?

A POA can help you:

• Pay your bills or cash checks
• Manage your bank account
• Buy or sell property
• Sign legal documents
• Make medical decisions if you cannot speak for yourself
• Advocate on your behalf with government agencies

Types of Power of Attorney in Puerto Rico

1. General Power of Attorney

This POA authorizes your Agent to handle various aspects of your life: finances, property, legal affairs. It is helpful if you need help on a regular basis. This power is only valid while you are of sound mind. It may be limited as you wish and must be done before a notary public.

2. Durable Power of Attorney

It allows someone else to make medical decisions for you if you are unable to do so. Examples of such cases include during surgery or if you are unconscious. This person should know you well and respect your wishes. It is also signed before a notary.

3. Advance Directive (also known as Living Will)

This is a document where you clearly outline which medical treatments you want or do not want if you are facing a serious or terminal illness. You may specify whether you want artificial respiration, tube feeding, among other treatments. This helps guide doctors and your family through difficult times.

How do you draw up a Power of Attorney?

• Draft and print (or write) the document.
• The document must be signed before a notary public in Puerto Rico.
• You can go to a lawyer or notary to get it right from the start.
• What’s important is that you explain your wishes clearly to the person you have chosen.

Who can be your Agent?

That is your decision. You should select someone who is responsible and listens to you, respects you, and acts with your well-being in mind. It may be one of your children, a close friend, or even a professional.

What if you change your mind?

As long as you remain sound of mind, you may cancel or change the POA at any time. Simply put it in writing and notify the relevant people or institutions.

Reflect…

Planning ahead does not mean you’re giving up your independence. It means that you’re taking control of your future. It is a way of saying, “If something happens to me, I want to be taken care of as I wish.”

Talk to your family. Seek professional advice. Do it ahead of time. Do it for yourself. Do it for love.