About two weeks ago at DifferentDream.com, guest blogger Kathy Guzzo posted an important article based on her experience as a paralegal and the parents of an adult child with a chronic medical condition. In it, she explained how important it is for parents of adult children with special needs to have a medical power of attorney in place. Today, she’s back to talk about the importance of another legal document, the power of attorney for property.

Special Needs Power of Attorney for Property

In my last post I explained the benefits of having a signed power of attorney for healthcare as well as a signed medical authorization. I would now like to share the purposes of a power of attorney for property and why it’s important to have for any child that reaches 18, but even more so for a child with a chronic illness. As I explained previously, having been a legal assistant for years, I knew both power of attorneys were important, but when our 18-year-old daughter was diagnosed with Systemic Lupus and Epstein Barr Replication, I became even more aware of their importance.

The Purpose for a Special Needs Power of Attorney for Property

A power of attorney for property gives the designated agent the ability to handle any type of business for the principal listed, in our case our daughter. When anyone fills out and signs forms for any purpose such as to open a bank account, register for classes at college, finance a large purchase, get a cell phone account or other utility bills they are the only person that has access to any information on those accounts.  The document holders, i.e. bank, college, utility company, have a legal obligation not to give out any personal information regarding the business relationship between them and the person who signed.

When to use a Special Needs Power of Attorney for Property

I have to admit I have not used the power of attorney for property as much as the one for healthcare but it’s great to have on hand for the following purposes.

• To contact any company other than healthcare providers to discuss a bill.
• To withdraw money or check balances in a bank account unless the parent is on the account. We purposely had Andrea get her own account without our names as a sign of our trust in her ability and her need to be responsible and there were times I needed to withdraw funds.  Of course with online banking if you have your child’s passwords you can check the balance.
• To have a cell phone temporarily turned off without being charged a fee.
• To close any type of account.
• To discuss a lease or any other issue with a landlord.
• To discuss information with instructors, financial office or any administrator at college child is attending. There were a few times I had to contact instructors because Andrea was ill as well as discussing special needs she had with the administration when they required signed permission from her.

As with the power of attorney for healthcare, there may be times when someone may hesitate to give out information or want a verbal consent, but legally all they need is a power of attorney.

Respecting the Power of Attorney

Another important thing to remember with regard to using either power of attorney is that once signed, they can be executed at any time. The principal on the form doesn’t have to be unable to act on his or her own behalf. By signing the document they give their chosen agent permission to access their information at any time. For this reason, a parent needs to be very careful not to abuse the privilege their child has given them, by accessing information or contacting people when it really isn’t necessary.

Final Thoughts

Some attorneys combine the power of attorney for healthcare and the power of attorney for property as one document.  This document will be called simply Power of Attorney or possibly Living Will. There are pros and cons to this, one being that a person may want to designate different people for each of the separate documents. So be sure you discuss things prior to your appointment and be prepared with any questions you may have for the attorney. As I mentioned before, having an attorney prepare powers of attorneys should be relatively inexpensive, but regardless of the cost it’s worth it because of the problems and stressors it can eliminate.

Have You Had a Similar Experience?

If you’ve dealt with these legal issues or similar ones, Kathy and I would love to hear from you. Share your best advice, your questions, your concerns, whatever is on your mind. And thanks to Kathy for sharing both her experience and expertise again today.

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