The interests of a disabled person oftentimes are well served through the creation of a power of attorney. There are two types of powers of attorney for disabled persons. The durable power of attorney for health care authorizes another individual to make medical decisions for the disabled person in certain situations. A financial power of attorney designates a person to deal with the financial and business interests of a disabled person. Creating and implementing a power of attorney is not a complicated process.
Discuss with the disabled person what type of power of attorney is necessary. In some instances, a disabled individual may desire to have both types of powers of attorney put into place. The same person can be designated as agent in both powers of attorney, or a separate person can be assigned to each individual power of attorney.
Obtain the standard form or forms necessary to create a power of attorney. These forms widely are available; therefore, you do not need to draft your own power of attorney form from scratch. In fact, even attorneys make use of standard forms in most cases. You can find financial power of attorney forms at banks and other financial institutions. Medical power of attorney forms are available at hospitals, medical clinics, doctors' offices and even churches.
Complete the standard form or forms for each type of power of attorney the disabled person desires and needs. The primary component of each type of power of attorney is designating the individual to serve as the disabled person's agent, to act on the behalf of the disabled person.
Deliver the completed power of attorney form or forms to the disabled person. The disabled person must sign the power(s) of attorney in front of a notary public. The disabled person must be of sound mind when he executes a power of attorney. If a disabled person is mentally incapacitated, a power of attorney cannot be created. A guardianship and conservatorship must be created through order of the probate court instead.
Give the person designated the agent in a power of attorney the original document and keep a copy for yourself. The agent must have the original power of attorney.