What is a Power of Attorney?
A
power of attorney (POA) is a legal document that allows an individual, known as the principal, to appoint someone else, called the agent or attorney-in-fact, to make decisions on their behalf. This can be crucial for cancer patients, who might find themselves unable to make important decisions due to the progression of their disease or the side effects of treatment.
Why is a Power of Attorney Important for Cancer Patients?
For individuals battling
cancer, a POA ensures that their wishes are respected even if they're unable to communicate them. For instance, during chemotherapy or surgery, a patient might be incapacitated. A POA allows a trusted person to manage their medical and financial affairs, ensuring continuity and reducing stress during difficult times.
Types of Powers of Attorney
There are several types of POAs, each serving different purposes:1.
Medical Power of Attorney: This authorizes the agent to make healthcare decisions on behalf of the principal. It's particularly relevant for
cancer treatment, where quick decisions might be necessary.
2.
Durable Power of Attorney: This remains in effect even if the principal becomes incapacitated. It's often recommended for cancer patients due to the unpredictable nature of the illness.
3.
Financial Power of Attorney: This allows the agent to handle financial matters, such as paying bills and managing investments, which might be overwhelming for someone dealing with cancer.
How to Choose an Agent
Selecting the right agent is crucial. The chosen individual should be trustworthy, reliable, and capable of handling the responsibilities. It’s also important they understand the principal's values and wishes. Discussing the role and responsibilities with potential agents before appointing them is advisable.
Legal Considerations
Creating a POA involves several legal considerations. The document must comply with state laws and often requires notarization. Consulting with an attorney who specializes in elder law or estate planning can ensure the POA is valid and comprehensive.Executing a Power of Attorney
To execute a POA, the principal must be of sound mind. This means they understand the implications of the document and can make informed decisions. For cancer patients, it’s recommended to establish a POA early in the diagnosis to avoid complications later.Revoking a Power of Attorney
A POA can be revoked at any time, provided the principal is competent. This involves creating a written notice of revocation and informing the agent and relevant third parties. It’s also a good practice to destroy all copies of the original POA.Common Misconceptions
There are several misconceptions about POAs:- It’s only for the elderly: While often associated with aging, POAs are vital for anyone facing a serious illness.
- It gives away all power: A POA can be as broad or as limited as the principal desires.
- It’s irreversible: As mentioned, a POA can be revoked at any time.
Conclusion
In the context of cancer, a power of attorney can provide peace of mind and ensure that a patient’s wishes are followed during treatment and beyond. By understanding the different types of POAs and the importance of selecting the right agent, cancer patients can better navigate the complexities of their illness and focus on their recovery.
