Choosing An Attorney

The attorney appointed by the adult must be 19 years of age or older. If an adult requires health or personal care and pays someone for this assistance, that paid person cannot be the attorney. If an adult resides in a care facility, an employee of this facility cannot be named an attorney either. The exception to a care facility person is if the employee is the spouse, child or parent of the adult. Adults should appoint an attorney who is capable and honest. For instance, if a person cannot handle their financials or is bankrupt, that person would not be a suitable attorney. One should trust the attorney fully, without slight hesitation, to do everything in the adult’s best interest.

Once the adult and attorney have signed, the EPOA becomes valid and ready to use. Some adults are hesitant to have the document valid upon signing. However, if the attorney misuses the EPOA, the adult can revoke it immediately. If the document were to become effective upon a triggering event, such as the adult becoming mentally incapable, and the attorney was to misuse the EPOA, then the adult would not be able to hold the attorney accountable. An adult can only revoke the EPOA if the adult still has the legal capacity to revoke, which is the same capacity needed to make the EPOA in the first place.

An adult making an EPOA can appoint more than one attorney. If you have more than one capable, trustworthy person who can act for you, then it is good to appoint multiple attorneys in case something happens to one of your attorneys. Some like to have both attorneys act separately; meaning whoever is available can use the EPOA to act for the adult. Others like to have both attorneys act together, which is not always the best option. It can be difficult for the attorneys to act together due to their differing schedules, especially if they reside in different cities or provinces. Another way to appoint more than one attorney is to have the second attorney act only if the first appointed attorney becomes incapable or dies. The second attorney would have to provide a doctor’s note or death certificate for the first attorney before they are allowed to act for the adult.

An EPOA is as essential to have as a WILL. Many question why they should make an EPOA when they can still handle their legal and financial affairs. However, a person can only make an EPOA while they can handle their affairs. Further, an adult can continue handling his or her own legal and financial matters even after an EPOA is made. An EPOA is a powerful document that gives the attorney a lot of power. The attorney can do anything the adult can do, such as withdraw money from the adult’s bank account without the adult being present. To use the EPOA, the attorney simply shows the EPOA to the bank, just like one would show their identification. In the same way, if the adult owns real estate, the attorney can sell that house without the adult being present. The purpose is not to scare one with all the power an EPOA gives the attorney. It is to ensure the adult understands the power they are giving to the attorney and only appoint someone the adult trusts.