By Douglas Goldstein, CFPâ
I recently met with a client who became terminally ill shortly after she opened an account and couldn’t take care of her own affairs. Though she had close friends who sincerely wanted to help, and were capable of doing so, no one could take action on her behalf. Neither her bank nor her investment house could speak with her friends because they had to respect client confidentiality, and the friends had no legal right to speak for her. At certain times, the friends had to put up their own money to help. If someone had a durable power-of-attorney, her friends could have helped to a greater degree. They would have had the ability to make responsible decisions on her behalf and they could have used her own money to help her more generously through her sickness.
Power-of-attorney
A general power-of-attorney is a legal document that allows you to grant another person the right to act on your behalf. If it is “durable,” the agent can act for you even if you are sick. If it is “non-durable,” then your incapacity will void the powers of the agent.
The hardest part about creating a power-of-attorney is deciding who will have the responsibility and the decision-making over your assets and person. Choose someone who will have your best interests in mind, who understands your feelings, goals and wishes, and who has experience dealing with money. Commonly, people choose from amongst their spouse, sibling, parent, child, close friend, or lawyer.
When is a good time to prepare the document?
Yesterday would have been the best time to execute a power-of-attorney. But if you didn’t get a chance then, do it today. By definition, we never know when tragedy will strike and we’ll be unable to care for ourselves. Consult with your lawyer to determine the best way to write your durable power-of-attorney, and to see if there are other important documents that would apply to your situation in the event of your incapacity. A little preparation today could save a tremendous amount of trouble later.
Douglas Goldstein, CFPâ, is the director of Profile Investment Services. He is a licensed financial professional both in the U.S. and Israel. He offers securities through Portfolio Resources Group, Inc. Member FINRA(formerly NASD), SIPC, MSRB, SIFMA. Accounts carried by National Financial Services LLC. Member NYSE/SIPC, a Fidelity Investments company. His book, Building Wealth in Israel: A Guide to International Investments and Financial Planning, (with a guest chapter on taxation by Leon Harris, International Tax Partner, Ernst & Young) is available in bookstores, on the web, or can be ordered at: www.profile-financial.com, (02) 624-2788 or (03) 524-0942. Building Wealth in Israel, ISBN 193268784X 308 pages