Reading this conversation: This conversation explores general planning questions. The appropriate steps depend on the documents, jurisdiction and individual circumstances.
Five questions for Craig A. Fine
Jodi Neilson: Craig, how do you explain the difference between financial authority and authority to make health-care decisions?
Craig A. Fine: They concern different decisions and should not be treated as interchangeable. A financial authority document may address specified property or financial matters, while a health-care proxy concerns medical decision-making under its terms and the applicable rules. I would want the person to understand the scope of each document and whom they are selecting for each role.
Jodi Neilson: What should a person consider when choosing agents and alternates, especially if family members live far away?
Craig A. Fine: Consider judgment, availability, willingness to serve and the ability to communicate with the relevant professionals. Distance is a practical factor, but it is not the whole discussion. Talk to the proposed person first and consider an alternate so that the plan does not depend on one individual always being available.
Jodi Neilson: What determines when the authority under the relevant documents becomes effective?
Craig A. Fine: The document and applicable law matter. Different documents can have different conditions, so I would ask counsel to explain when each authority begins and what evidence may be needed. A family should not assume that signing every planning document activates all powers immediately or that the same trigger applies to all decisions.
Jodi Neilson: How should someone discuss personal wishes and limits so the chosen agents have useful guidance?
Craig A. Fine: Explain the values and preferences that matter, ask whether the proposed agent is comfortable serving and discuss how to document any limits properly. For health-care wishes, conversations with the treating professionals may also be useful. The goal is practical understanding, not expecting an agent to guess under pressure.
Jodi Neilson: What should the family know about finding the documents while still protecting private information?
Craig A. Fine: Identify where the documents are held and which trusted people need access or copies. Keep contact information current and discuss an appropriate process for sharing records with institutions or health-care providers. A secure access plan is more useful than either hiding everything from the people who may need it or distributing sensitive information indiscriminately.
Continue the conversation
Explore Craig A. Fine on powers of attorney and advance directives. For primary-source background, see New York Department of Health: Choosing a Health Care Agent.
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This interview provides general information, not legal advice, and does not create an attorney-client relationship. Laws and circumstances vary. Consult your attorney about your specific situation.
