A power of attorney is a legal document that appoints an agent to act on behalf of the maker, usually to assist with banking, financial decisions, or real estate. There are two common types of power of attorneys; springing and durable. A durable power of attorney remains valid notwithstanding any future incapacity of the maker. So, if you have capacity when you sign, your agent can begin acting immediately and the power will last until your death (unless otherwise revoked). With a springing power of attorney, the agent cannot act until some future specified event, usually the incapacity of the maker.

The power of attorney does not cover medical decision-making. Instead, an individual will need to appoint a “proxy” to assist with health-related decisions. This proxy only comes into effect if you are unable to make such decisions on your own, and usually relates to end-of life decision making. Often times, an individual will also include a “living will” which specifies their wishes for end of life care to assist the proxy in making decisions in the best interest of the maker.