Powers of attorney are important estate planning documents. They give people protection from emergency situations. An individual who has a heart attack or ends up in a coma after a car crash may benefit from previously-drafted powers of attorney.
An agent or attorney in fact they chose ahead of time can guide their medical treatment or manage their finances. Some people preparing for retirement or worried about the possibility of long-term incapacitation might even draft durable powers of attorney to reduce the possibility of guardianship or conservatorship later in life.
Like many other estate planning documents, powers of attorney may occasionally require revisions. People may need to update the instructions that they provided or change who they nominated to hold the position of authority.
When might it be necessary to replace an agent or attorney-in-fact?
When medical issues evolve
Life can be very unpredictable. While the person chosen to hold power of attorney might theoretically be younger and healthier than the person drafting documents, they might become incapable of fulfilling their role. In some cases, the agent might die prematurely due to an accident or major medical issue. Other times, they may have health challenges that prevent them from managing the affairs of another person. Choosing someone healthy and capable to replace that person is critical.
After a change in the relationship
Relationships that are close or at least amicable can change over time. Differences in political opinions or personal conflicts may result in the principal who drafted the documents becoming alienated from the person that they nominated as their agent. Divorce might make it necessary for people to choose a different agent or attorney-in-fact. When the party who drafted the documents questions whether the agent can act in their best interests, choosing a new agent might be the best option.
After a relocation
Maybe the principal who drafted the documents moved across the state to be closer to their children and grandchildren during retirement. Maybe the agent who they selected takes a job in another state. A significant geographic distance between the two parties can make it difficult for the agent to be available with minimal notice in an emergency situation. Choosing someone who is nearby and available is important for the protection of the vulnerable person.
Keeping powers of attorney up to date is as important as establishing documents in the first place. People need to ensure that the party they intend to empower is capable of taking on that responsibility and able to act in their best interests.