Based on a true story, which could happen so every day.
The scenario on which we will build the following is a person living in his or her rented flat has a serious accident and is for a period unable to express his or herself. This person is unable to make any decisions.
A scenario which could happen to anyone and anytime, also a scenario which I heard of these days. Besides the fact that such an event is a tragedy and is causing emotional distress, it has also another component which your family members and friends will have to deal with.
The component which is meant is the dealings which family members and friends have to undergo in the situation were a person is unable to make any decisions. Decisions which have to be made can be in such a situation to discuss medical treatment plans with the doctors and to decide about them. This power goes hand in hand with the question of who can get information from the doctors or receive personal belongings. Further, is the question of who can take care in the time of absence about personal affairs.
This is the tip of the iceberg without to make this scenario over dramatic. To stay within the example, the scenario is going forward as a family member is trying to cancel a holiday journey. This journey was arranged before the accident happened, but did not start until then. So this family member could cancel it in time and was on the search for an insurance cover, if any was made, to compensate the losses.
Based on this true scenario the following question are coming up, does any have any kind of power of attorney? Does anybody know this persons thinking and believes to reach medical and other decisions in the best interest of the authoriser? Has anyone access to the flat or knows about the important personal belongings? The answer to this scenario and all the question is negative.
Does the law provide here any guidance or support which can help in such a situation as drawn? Depending on your country and jurisdiction it is likely that no adequate solution can be found in the laws. Some jurisdictional laws know the term of emergency powers given to the closest family members, which are most commonly the spouses. This emergency powers provide to the spouse with the power to make medical decisions in the most serious situation. If any situation is not classified under the law as most serious or if this attribute is not more given to the new situation then the power is not more valid.
When thinking about power of attorneys consider different level of transferred power and make use of them. For example your representative named in your living will should be a person which you have the highest trust in. This person could be your spouse, but with your spouse you are going in holiday. So it could be a possibility to provide another person with a power to pick up your post for example. It is wise to consider and have backup plans, just for the unexpected case.
Beside arrangements done by your power of attorneys ensure that key figures in your plans are aware of these plans. A power cannot be used if your named representative is not aware of the transferred powers. Also ensures that they are acting in your best interest by discussing with them how they should act or how you want them to are acting. But be aware that any kind of restrictions which you are including in your power will have an effect in the relationship between you and your representative, but it can be that the restrictions are not visible or have no effect in any relationship between your representative and a third party.
Meaning your representative is entitled to act with a third party outside of the restrictions in a binding manner. In such circumstances you are in position to claim for damages from your representative, because of violation of the restrictions in your power. The said is applicable to some forms of power of attorneys and to some it is not, this can clarify in your individual your legal adviser.
Another important fact to consider when we are going back to our example from the beginning, is the providing of a consolidated table providing an overview for any third party. This table should be provided in your emergency folder with the most relevant documents attached and information were each original will be found.
From my perspective and experience this kind of folder is as important as your power of attorneys. The provided information will give your family and friends the opportunity to gain a fast overview over all important and relevant facts for each situation. Such facts could be who has which form of power of attorney, a copy of your will and living will as also financial statements and insurance covers.
The scenario on which we will build the following is a person living in his or her rented flat has a serious accident and is for a period unable to express his or herself. This person is unable to make any decisions.
A scenario which could happen to anyone and anytime, also a scenario which I heard of these days. Besides the fact that such an event is a tragedy and is causing emotional distress, it has also another component which your family members and friends will have to deal with.
The component which is meant is the dealings which family members and friends have to undergo in the situation were a person is unable to make any decisions. Decisions which have to be made can be in such a situation to discuss medical treatment plans with the doctors and to decide about them. This power goes hand in hand with the question of who can get information from the doctors or receive personal belongings. Further, is the question of who can take care in the time of absence about personal affairs.
This is the tip of the iceberg without to make this scenario over dramatic. To stay within the example, the scenario is going forward as a family member is trying to cancel a holiday journey. This journey was arranged before the accident happened, but did not start until then. So this family member could cancel it in time and was on the search for an insurance cover, if any was made, to compensate the losses.
Based on this true scenario the following question are coming up, does any have any kind of power of attorney? Does anybody know this persons thinking and believes to reach medical and other decisions in the best interest of the authoriser? Has anyone access to the flat or knows about the important personal belongings? The answer to this scenario and all the question is negative.
Does the law provide here any guidance or support which can help in such a situation as drawn? Depending on your country and jurisdiction it is likely that no adequate solution can be found in the laws. Some jurisdictional laws know the term of emergency powers given to the closest family members, which are most commonly the spouses. This emergency powers provide to the spouse with the power to make medical decisions in the most serious situation. If any situation is not classified under the law as most serious or if this attribute is not more given to the new situation then the power is not more valid.
Conclusion
Conclusion made based on this scenario to ensure that power of attorneys are given to trustworthy persons or organisations with the size of power wished to transfer. Your given powers have to be structured well, meaning replacement representatives have to be named in it if the actual Representative is unreachable. Those circumstances should be written down in detail when the power will be transferred to the alternative person.When thinking about power of attorneys consider different level of transferred power and make use of them. For example your representative named in your living will should be a person which you have the highest trust in. This person could be your spouse, but with your spouse you are going in holiday. So it could be a possibility to provide another person with a power to pick up your post for example. It is wise to consider and have backup plans, just for the unexpected case.
Beside arrangements done by your power of attorneys ensure that key figures in your plans are aware of these plans. A power cannot be used if your named representative is not aware of the transferred powers. Also ensures that they are acting in your best interest by discussing with them how they should act or how you want them to are acting. But be aware that any kind of restrictions which you are including in your power will have an effect in the relationship between you and your representative, but it can be that the restrictions are not visible or have no effect in any relationship between your representative and a third party.
Meaning your representative is entitled to act with a third party outside of the restrictions in a binding manner. In such circumstances you are in position to claim for damages from your representative, because of violation of the restrictions in your power. The said is applicable to some forms of power of attorneys and to some it is not, this can clarify in your individual your legal adviser.
Another important fact to consider when we are going back to our example from the beginning, is the providing of a consolidated table providing an overview for any third party. This table should be provided in your emergency folder with the most relevant documents attached and information were each original will be found.
From my perspective and experience this kind of folder is as important as your power of attorneys. The provided information will give your family and friends the opportunity to gain a fast overview over all important and relevant facts for each situation. Such facts could be who has which form of power of attorney, a copy of your will and living will as also financial statements and insurance covers.
