If you are seeking or have been granted guardianship of another person, you will likely need a POA or Power of Attorney activation.
What a Power of Attorney Does
A power of attorney grants one person the ability to take over managing and handling the finances, healthcare, and other important decisions regarding the other person.
When a Power of Attorney Goes into Effect
A power of attorney goes into effect when the person is no longer able to participate in medical decision-making. Until that time, the person is still able to make their own decisions.
Power of Attorney Activation
Typically, the signatures of one to two doctors are required in order for the power of attorney to be activated. The doctors must certify that the person cannot make medical decisions on their own behalf. After the power of attorney goes into effect, the person designated on the POA (Power of Attorney) form can take over the medical decisions for the incapacitated person.
Criteria for When a Person Needs a POA
If a patient is new to a doctor, the doctor may require cognitive testing to determine competency. If the patient is established with the doctor, the doctor may ask the patient questions in order to assess:
- Understanding of complex situations
- Ability to make decisions
Family members, social workers, and health care professionals may also be consulted to determine the person’s level of competence.
When a Power of Attorney Can Be Revoked
A power of attorney can be revoked if a person regains the ability to make their own decisions. Stroke patients are a common example of this. The ability to revoke a power of attorney is an important protective measure to retain a person’s rights as long as possible.
Want To Know More?
To learn more about the power of attorney activation evaluation, call Drs. Matthew Barnas, Deborah Ocasio, and Unnati Patel at Pelorus Guardianship. You can reach them in either the Cedar Knolls, NJ, or the Raritan, NJ, locations by calling (973) 295-6335, so call today.