A legal power of attorney (POA) is a powerful tool that allows an individual, known as the principal, to designate another person, referred to as the agent or attorney-in-fact, to make decisions on their behalf. This arrangement can be incredibly useful in situations where the principal is unable to manage their affairs due to illness, absence, or incapacitation. However, it’s important to understand the limitations of a power of attorney. Here, we’ll explore three critical decisions that a legal power of attorney typically cannot make.
1. Medical Decisions in All Circumstances
While a POA can grant the agent the authority to make healthcare decisions, it cannot be used to override the principal’s wishes regarding their medical treatment. In many jurisdictions, medical decisions made by a POA are only valid if the principal is incapacitated or unable to communicate their wishes. If the principal is competent and capable of making their own medical decisions, the agent must respect those decisions, even if they disagree. Additionally, some advanced healthcare directives, such as a living will, may take precedence over a POA, further limiting the agent’s authority in certain medical scenarios.
2. Decisions Related to Marriage or Divorce
A legal power of attorney cannot be used to make decisions about marriage or divorce on behalf of the principal. These personal and significant life choices require the principal’s direct consent and cannot be delegated to another person. For instance, if the principal wishes to enter into a marriage or file for divorce, they must personally undertake these actions. The emotional and personal nature of these decisions means that they are not suitable for delegation, even with a power of attorney in place.
3. Decisions Affecting the Principal’s Testamentary Wishes
A power of attorney does not grant the agent the authority to make decisions regarding the principal’s estate plan, such as creating, modifying, or revoking a will or trust. Testamentary decisions are inherently personal and must reflect the wishes of the individual as they pertain to the distribution of their assets after death. Even if the agent has been given broad authority over financial matters, they cannot alter the principal’s estate planning documents or make decisions about their inheritance.
