Choose Your POA Wisely – They’re the Guardians of Your Future
When you name a guardian for your children, you put careful thought into who you choose. But do you apply the same diligence when naming an attorney under Power of Attorney (POA) for Property and Attorney/Agent/Representative for Personal? Afterall, they will be your guardians at a time in life when you are most vulnerable.
Naming a legal representative to these roles is a profound act of trust. The individuals you appoint become your advocates, protectors, and decision-makers. Naming the wrong people—or not having reliable backups—can leave you isolated, vulnerable and at the mercy of Canada’s public system.
This month’s article discusses the consequences of choosing the wrong attorney/agent/representative and not securing multiple backups. We share a real-life client story about Larry (name changed for privacy) to illustrate what can go wrong and how to protect yourself.
Larry's Story
Let’s first review just how quickly things changed when life threw Larry a curveball.
Larry’s Story - A Life Disrupted
Meet Larry, an 82 year old husband and father, whose experience illustrates just how devastating the impact can be when your chosen attorney appointments fall through.
- The Curveball: After a suspicious house fire in Alberta, Larry was left homeless and without his dentures or glasses. He’s lived in motels since mid January and in a recent hospital stay he was assessed to lack capacity in making personal decisions.
- Feeling Secure: Thankfully, Larry planned ahead —he had a Personal Directive and named his son (in BC) and stepdaughter (in Alberta) for personal care decisions.
- Unexpected Abandonment: Much to Larry’s surprise, both his son and stepdaughter refused to assume the role of his personal representative. His wife, incapacitated and living in long-term care, could not help him. His only other close relative, a brother two hours away, also declined to provide support.
- Government Intervention: Without an advocate, Larry has no help to dispute the mental incapacity assessment or get new dentures or eye glasses. At the mercy of the public system, he faces months in a hospital environment attached to a WanderGuard bracelet restricting his movement to only his ward.
- Stuck With No Recourse: And, because of his mental incapacity assessment, he can’t create a new Personal Directive naming a different individual. Awaiting referral to the Office of the Public Guardian and Trustee, he will likely endure a year-long wait for court hearings and a guardian appointment.
Where Things Went Wrong
Larry’s unfortunate situation happens more frequently than you’d think. You believe you have your affairs in order and your representatives will show up for you when the time comes.
Here’s where things went wrong:
- Assuming Agreement is Dangerous: Just because you name someone in your documents—even your adult children—doesn’t guarantee they will accept the responsibility when called upon. It is critical they understand the role and agree to it.
- Geographic Distance and Relationships Matter: Family members who live far away or have an unstable relationship with you do not make reliable choices. You are counting on them to honour your wishes and advocate for you when you are most vulnerable.
- Keeping Documents Current: Once mental capacity is lost, it’s too late to change your legal documents or name more suitable representatives. You are stuck with no recourse other than to rely on the public system. Keeping your information current, reviewing it with your representatives and validating their commitment manages your risk.
- Insufficient Backup Plans: Without alternate appointees or professional support, there is no safety net if your primary choices don’t work out. Life is unpredictable so you need a back up to the back up to ensure you are well protected when you need support.
The Risks of Getting Caught in the System
When there’s no trusted individual with legal authority to manage your care and advocate on your behalf, the government may take control over your financial and personal affairs through agencies like the Office of the Public Guardian and Trustee. This can mean life altering consequences regarding your autonomy and quality of life. You could experience:
- Long wait-times for court hearings and guardian appointments.Once appointed, your public guardian will have limited understanding of your values, preferences and lifestyle choices. You could find yourself living miles away from friends or your community.
- Delays in addressing urgent needs like housing, healthcare, and even basic comfort.The system is overwhelmed with a shortage of healthcare providers. You become one of many individuals waiting to be shepherded through the system. Learn more in our blog – The Caregiver Squeeze: A Looming Crisis for Aging in Place.
- Limited advocacy—As noted above, public guardians are often overloaded and limited in advocating on your behalf. They don’t have a personal relationship with you nor do they have a thorough understanding of your financial situation, lifestyle preferences, and advance care wishes.
- Stress and uncertainty for loved ones. If you have loved ones who live far away, or in Larry’s case, a spouse who is in long-term-care, the uncertainty of your future and wellbeing creates enormous stress for them.
5 Proactive Steps to Protect Yourself
You can protect your autonomy and wellbeing by taking five proactive steps:
- Choose Wisely:
Select individuals who are not only trustworthy and possess the attributes required to assume these roles, but are also willing, reliable and committed to becoming your representative. Have a frank conversation with each person you intend to name. - Consider Geography and Relationships:
Distance, work commitments, and family dynamics all impact an individual’s ability to provide the support you need. Be realistic and choose an individual who can physically be there for you when required. - Name Multiple Backups:
List at least two alternates in your documents. Consider one of those alternates being an organization that offers professional attorney/personal representative services. - Review Regularly:
Changes in your life circumstances happen regularly—relationships, health, and where you live all evolve over time. It’s essential you update your legal documents and personal and financial information to reflect your current wishes and circumstances. - Communicate Clearly and Regularly:
Arrange for regular reviews of your legal documents and financial and personal information with your primary and alternate choices. Make sure they are clear about your expectations and wishes. Provide them with copies and discuss and document potential scenarios.
At Financial Concierge™ our Family Playbook™ organizes all important financial and personal documents together and securely stores them in a virtual vault provided by SideDrawer™. Download our flyer here.
Lessons Learned from Larry’s Story:
Your life circumstances can turn upside down in an instant. Don’t leave your future in uncertain hands. Take the time to make an informed decision when choosing your Power of Attorney for Property and Attorney/Agent/Representative for Personal. Your dignity, autonomy, quality of life, and wellbeing may one day depend on your choices.
Did this article raise your awareness about the importance of making wise personal representative choices?
We’d love to hear from you! Let us know if this article prompted you to take another look at who you’ve appointed as your personal representatives and if you have sufficient back up selections.
Financial Concierge™ offers Professional Executor and Power of Attorney services to assist with executor, attorney duties or help with managing daily financial activities. Learn more about Financial Concierge™ here.
Author: Janet Jackson, Contributor: Jill Chambers
DISCLAIMER: This blog is not intended to be legal or financial advice and should not be construed as anything other than for information purposes.
