Navigating the challenges that come with caring for a loved one with a disability can be overwhelming. Whether managing financial matters or making healthcare decisions, it’s important to have a legal mechanism that allows you to act in the best interest of your loved one. 

One of the most effective legal tools available is a power of attorney for disabled adults. This guide will help you understand the importance of the power of attorney, how it works, and why it might be the best decision for your family.

What is a Power of Attorney for Disabled Adults?

Disability power of attorney allows someone to make decisions for someone who can’t. Many things can cause this, including intellectual, mental, or physical disabilities. The disabled adult’s agent or attorney-in-fact can manage their finances, medical decisions, and property.

Types of Powers of Attorney

Disabled adults can benefit from various power of attorney documents:

  1. General Power of Attorney: This grants the agent significant personal and financial power. In a non-durable power of attorney, the agent’s authority ends when the principal becomes incapacitated or unable to make decisions. In contrast, a durable power of attorney allows the agent’s authority to continue even if the principal becomes incapacitated, remaining in effect until the principal regains capacity, revokes the power of attorney, or passes away.
  2. Durable Power of Attorney: Durable powers of attorney remain in effect even if the principal loses capacity. This is the most common way to care for disabled adults because it ensures consistent decisions and care.
  3. Medical Power of Attorney: This lets the agent make health care decisions for the disabled adult. Healthcare wishes should be respected even if people can’t say what they want.
  4. Limited Power of Attorney: This authorizes a specific action or stay. For instance, managing financial transactions or monitoring a personal issue.

Why a Power of Attorney is Essential for Disabled Adults

Many things make it hard for disabled adults to manage their affairs. Having a power of attorney for disabled adults can help protect their rights and ensure their needs are met effectively. Here are some of the key benefits:

1. Ensures Proper Financial Management

Financial power of attorney authorizes the person to pay bills, manage bank accounts, and invest for the disabled adult. This ensures money is handled properly if the principal can’t. Giving personal property to a trusted person reduces the risk of misuse or neglect.

2. Provides Continuity in Healthcare Decisions

A medical power of attorney allows an agent to make healthcare decisions for the disabled adult. This is crucial in medical emergencies or when you need ongoing care. Families without a power of attorney may face legal issues and have to wait to make medical decisions.

3. Avoids the Need for Guardianship or Conservatorship

Powers of attorney can often replace guardianship or conservatorship for disabled adults. Guardianship can be helpful but requires court supervision and time and money. Durable power of attorney is more flexible.

The Process of Setting Up a Power of Attorney for Disabled Adults

Creating a power of attorney for a disabled adult requires careful planning and legal expertise. The process usually goes like this:

1. Determining the Appropriate Type of Power of Attorney

The first step is to determine what the disabled adult needs. Should someone manage money, health, or both? Based on these needs, you can set up durable or medical power of attorney. An attorney can help you choose the best estate planning option.

2. Drafting the Document

The power of attorney must clearly state the agent’s powers. The agent’s powers, limits, and decision-making instructions must be clearly stated. This is crucial because unclear language can cause conflict.

3. Signing and Notarizing

The disabled adult principal must sign and notarize the power of attorney to be valid. Also, witnesses may be needed. If the disabled adult can’t sign, someone can be their substitute.

4. Filing and Storing the Document

Keep the signed power of attorney document safe and give copies to family, healthcare providers, and financial institutions. You may also need to file it with the superior court clerk.

Choosing the Right Agent

Becoming an agent requires careful selection. If you trust them to help the disabled adult, they should be able to handle their duties and understand their needs. 

Your agent must be trustworthy and reliable because they may handle everything from financial matters to life-changing healthcare decisions.

Responsibilities of the Agent

The responsibilities of an agent appointed under a power of attorney for disabled adults can be significant. They include:

  • Managing finances, including paying bills, filing taxes, and handling bank accounts.
  • Making healthcare decisions in line with the individual’s wishes and best interests.
  • Overseeing personal property, such as managing assets or selling property if necessary.
  • Ensuring that all decisions comply with the principal’s instructions and state laws.

The Cost of Establishing a Power of Attorney for Disabled Adults

Many people wonder about the cost of getting power of attorney for a disabled adult. The costs involved in creating a power of attorney document can vary depending on several factors, including the complexity of the document and the attorney’s fees.

  • Legal Fees: Hiring an attorney to draft a power of attorney can cost anywhere from $200 to $1,000, depending on the complexity and the attorney’s expertise.
  • Notary Fees: The power of attorney document needs to be notarized, which usually involves a small fee, typically ranging from $10 to $50.
  • Additional Costs: If the power of attorney document must be filed with the court or other agencies, additional administrative fees may be needed.

While there is a cost to get power of attorney, it is a worthwhile investment to ensure that your loved one’s affairs are managed appropriately and their rights are protected.

Alternatives to Power of Attorney for Disabled Adults

While a power of attorney for disabled adults is often the best solution, some alternatives might be suitable depending on the situation:

1. Guardianship or Conservatorship

If the disabled adult can’t understand or sign a power of attorney, guardianship or conservatorship may be the only option. The court system and a superior court judge must always oversee this. It is more formal and costs more, but it may be necessary if the person cannot make their own decisions.

2. Supported Decision-Making Agreements

Supported decision-making agreements let disabled people make their own choices with a trusted advisor. This method allows the person to be more independent and less constrained.

3. Advance Healthcare Directives

Living wills, also called advanced healthcare directives, help disabled adults. They allow people to predetermine their medical care and ensure their wishes are followed even if they can’t.

The Importance of Proper Planning

Creating a power of attorney for disabled adults can improve a loved one’s health and happiness. Families can meet their loved one’s needs with minimal stress and trouble by planning. 

Powers of attorney protect disabled people’s rights and best interests. This applies whether the power of attorney is used to manage money, medical care, or basic needs.

Consulting with an experienced attorney is highly recommended for families navigating these decisions. 

Cristy J. Carbón-Gaul and her team at The Law Office of Cristy J. Carbón-Gaul can guide you through creating a power of attorney, ensuring that it fits your family’s unique needs and provides the support required for your loved one.

Conclusion

Creating a power of attorney for disabled adults is a critical step in ensuring that the needs of your loved one are met efficiently and compassionately. 

Whether managing financial affairs, making healthcare decisions, or simply providing support, a power of attorney allows you to protect their well-being without the challenges of guardianship or conservatorship. 

By choosing the right agent and establishing a clear power of attorney document, you can ensure your loved one receives the care and support they deserve.

If you need assistance with creating a power of attorney for disabled adults or want to learn more about how to protect your loved one’s future, reach out to Cristy J. Carbón-Gaul at carbon-gaul.com or call (505) 899-5696 to schedule a consultation. 

Secure your loved one’s future with the right legal planning today

Reach us at Phone: (505)899-5696 or FAX: (505) 672-7066 and email cristy@carbon-gaul.com