What is an Attorney in Fact?
An
attorney in fact is an individual designated to act on behalf of another person, known as the principal, through a legal document called a
power of attorney. This role becomes particularly important in the context of cancer when patients may face periods of incapacity or need assistance in managing their medical, financial, and legal matters.
1. Medical Decisions: They can make healthcare decisions, including consenting to or refusing treatment, based on the patient's wishes.
2. Financial Management: They can manage financial affairs such as paying bills, managing bank accounts, and handling insurance claims.
3. Legal Matters: They can sign legal documents and manage any legal issues that arise.
How is an Attorney in Fact Designated?
To designate an attorney in fact, the principal must create a power of attorney document. This document must be signed and notarized, and it should specify the powers granted. It is advisable to work with a legal professional to ensure the document meets all legal requirements and accurately reflects the principal’s wishes.
Types of Power of Attorney
There are several types of power of attorney that can be relevant to cancer patients:1. Durable Power of Attorney: Remains in effect even if the principal becomes incapacitated.
2. Medical Power of Attorney: Specifically grants the authority to make healthcare decisions.
3. General Power of Attorney: Provides broad powers over financial and legal matters.
4. Limited Power of Attorney: Grants specific powers for a particular task or time period.
1. Trustworthiness: The person should be someone the principal trusts completely.
2. Competence: They should be capable of handling the tasks assigned, especially complex medical and financial decisions.
3. Willingness: They should be willing to take on the responsibilities and understand the principal’s wishes and values.
4. Proximity: It might be beneficial to choose someone who lives nearby to easily manage tasks that require physical presence.
What Happens if No Attorney in Fact is Designated?
If no attorney in fact is designated and the cancer patient becomes incapacitated, a court may appoint a
guardian or conservator to make decisions on their behalf. This process can be time-consuming and may not align with the patient’s wishes. Therefore, it is critical to plan ahead and designate an attorney in fact while the patient is still capable.
Legal Considerations and Limitations
While an attorney in fact has significant authority, there are legal limitations. They cannot:1. Create or Change a Will: They cannot create or alter the principal’s will.
2. Vote on Behalf of the Principal: Voting rights cannot be transferred.
3. Act Outside the Law: They must act within the bounds of the law and the powers granted in the power of attorney document.
Revoking a Power of Attorney
A power of attorney can be revoked by the principal at any time, as long as they are mentally competent. The revocation should be in writing and communicated to the attorney in fact and any institutions or individuals who have been interacting with the attorney in fact on behalf of the principal.Conclusion
An attorney in fact plays a vital role in supporting cancer patients who may face challenges in managing their affairs. By carefully selecting a trustworthy and competent individual, and clearly outlining their powers through a properly executed power of attorney document, cancer patients can ensure that their wishes are honored and their needs are met, even during times of incapacity.
