What if you are involved in a serious accident that leaves you in a coma? Or you are disabled by a stroke? Who will make decisions about your finances and your health care?

Contrary to what many people believe, your family has no automatic legal right to look after your financial affairs. Further they may not have an automatic right to make choices about your health care. If you have not appointed someone to act on your behalf, an application to the court will be necessary.

Powers of attorney are straightforward but powerful documents. They help guarantee that appropriate decisions are made if you are unable to decide for yourself. They give the person you appoint automatic legal authority to deal with your money and property and to make decisions about your health and personal care.

The word "attorney" is a legal term and does not mean that you must appoint a lawyer. Your attorney can be anybody you choose.

POWER OF ATTORNEY FOR PROPERTY
A power of attorney for property allows you to name someone to deal with your property. You can give someone temporary authorization as a matter of convenience. For instance, if you winter in Florida, your attorney can pay your bills and file your tax return.

You can also make a continuing power of attorney for property. This document lets your attorney act on your behalf in case of your mental or physical incapacity. Without this designation, your assets may be frozen, possibly impairing your family''s financial situation.

Choosing your attorney
When selecting your attorney, choose someone you trust completely with everything. The person must be able to make good financial decisions on your behalf. You should also consider naming an alternate attorney in case your first choice is unable or unwilling to act.

Coming into effect
A power of attorney comes into effect immediately and this person has the same authority to deal with your money and property as you do. Therefore, you may want to include certain safeguards.

POWER OF ATTORNEY FOR PERSONAL CARE
A power of attorney for personal care permits you to name someone to make decisions about your personal and health care when you cannot. This particular document comes into effect only in the event that you are unable to make decisions for yourself.

The decisions to be made may range from what you should eat, to where you should live, to whether you should see a doctor. You want to choose someone you trust and who understands your values. You want a person who will make choices that are in your best interest.

Living Will
In your power of attorney for personal care, you can include various instructions for your attorney. One of the most common concerns instructions about the type of medical treatment you do and do not want. This directive is often referred to as a living will.

You have the right to consent to or refuse treatment. If you are unable to speak, the assumption is you have consented to any help considered necessary. The degree of relief could vary greatly.

If you have strong feelings about the treatment you would like to receive if you are unable to speak you should prepare a living will. In order to make an informed choice it is important that you talk to your doctor so that he or she can explain various medical scenarios and treatments.

Your instructions must be clear. For instance, saying that you "do not want to be kept alive on life support" is too vague. This statement does not differentiate between life support and the prolongation of dying. Your attorney should not be left in doubt as to your wishes.

A power of attorney for personal care should be reviewed periodically. As treatment options and your life goals change, you may want to revise it.

The importance of planning in advance for your potential incapacity, cannot be overstated. Robert Love can advise you and draft the necessary documents.