OFM_PARENTING_GUIDE_724 - FINAL - SW_Pages 6 / 13 / 24 5 : 15 PM Page 15 What to Know About a POA S While there are many critical factors for an indi - E vidual to consider in estate planning in order to protect both themselves and their loved ones in life and after they N have passed , one of the most important is a power of attorney , or POA . This legal document can allow for an I “ agent , ” often an adult child , to make financial decisions on their behalf , notably if and when they have become O incapacitated . Estate planning is one of the areas of expertise for R attorneyPamela Martini , along with elder law , probate , guardianship and special needs . She shares what readers should know about establishing a POA . L I Is it common for someone to request your services in drafting a POA on behalf of aging parents ? V “ We do get calls from people who say they need a power of I attorney for their mom or their dad . As part of the educa - tional process of all this , it’s good to let people know that N it’s not something they can call up and ‘ get ’ — it’s some - thing the parent would have to give to them , certainly G when it’s not too late for the parent to understand what they’re signing . … They have to agree to give it to you , and in that situation we encourage the person calling the office to have their parent call us , because that’s who would be hiring me to do the documents for them . ” Is it a lengthy process ? “ No , it’s really not . We send out our estate - planning ques - tionnaire to the potential client , and that’s certainly some - thing where the children can help them complete it , can help them gather the information they need . We gather information so we can talk about all of estate planning , even if someone is just looking for power of attorney . Somebody might have a will already , but we encourage our clients to do the full package : the will , the power of attorney and the health care surrogate , just because each one of those documents has a different role to play in somebody’s estate plan . I often say that the power of attorney can be the most important document , because that’s the thing that allows someone to help you out during your life . ” What happens if an individual is not able to make decisions but has no POA in place ? “ If somebody becomes incapacitated and doesn’t have a valid power of attorney in place , that’s where guardianship can become the only option , which is very expensive and time consuming . ” What else about a POA is important to know ? “ There are certain what we call superpowers within the power of attorney that can give the agent authority to do some very specific things that might be important in a long - term care planning scenario . So it’s important to make sure the person talks to their attorney and understands what powers they’re giving to the agent , especially for an older person , because a lot of times they’re calling because it is to do long - term planning . So you want to make sure you have all the correct powers to do whatever needs to be done . You also need to trust that person 100 % , and the other thing to keep in mind is that power of attorney is always revocable . Let’s say you name an agent and then you see that person doing things you didn’t authorize them to do — it’s impor - tant to revoke that right away . ” ORLANDOFAMILYMAGAZINE.COM july 2024 ORLANDO FAMILY 53