Update - What You Should Know About Powers Of Attorney And Substitute Decision Making

As the COVID-19 emergency continues into another month and professionals are for the most part working remotely, there are practical issues that arise almost daily with and for vulnerable individuals.  In addition to the more general issues raised in a previous article dealing with Substitute Decision Making, Attorneys for both property and for personal care need to be aware of a variety of points. 

A Power of Attorney for Property that is written to have effect immediately can be very useful in assisting an individual who is mentally capable but cannot go out because he or she must remain isolated for health or safety reasons. The Attorney can use the Power of Attorney to do banking, pay bills and other necessary tasks and in doing so is acting as the agent for the person giving the power (the donor).  Transactions carried out in that capacity must be at the direction of the donor of the power of attorney and they need to be well documented for future reference.