These documents are ones that provide peace of mind and practical protection in case someone becomes incapacitated and unable to make decisions for themselves. Let’s look at why they matter and why it’s worth thinking about putting them in place before the new year begins.
What Is a Power of Attorney?
A Power of Attorney (POA) allows you to appoint someone you trust to make financial and legal decisions on your behalf. This can include the following:
- Managing your bank accounts and paying bills
- Managing or selling a property
- Handling your investments
- Taking care of day-to-day financial matters
If an older parent or loved one is suddenly ill or hospitalized, having a Power of Attorney in place ensures that someone can step in right away to manage these responsibilities without unnecessary delays or costly court applications.
What Is a Representation Agreement?
A Representation Agreement is different from a Power of Attorney. It allows an appointed person (or multiple people) to make healthcare and personal care decisions for you if you’re unable to do so yourself. These decisions can include:
- Medical treatment choices
- Where you live and what care you receive
- Day-to-day personal care
- End-of-life decisions
Without a Representation Agreement, conflicts may arise among your loved ones and it is possible that healthcare providers may be forced to make difficult decisions without clear guidance from the family.
Why the Holidays Are a Good Time to Plan Ahead
The end of the year can be a natural time for reflection and preparation. Here’s why December makes sense to think about preparing Power or Attorney and Representation Agreements:
- Families are together – It is usually easier to discuss wishes, responsibilities, and preferences when key decision-makers are in the same room.
- Avoids delays – Many people put off legal planning, sometimes until it is too late, but unexpected illness or emergencies can happen anytime.
- A gift of peace of mind – These documents aren’t just legal forms; they’re a way to ensure your loved ones are protected heading into the new year.
Starting the Conversation Over the Holidays
Bringing up legal planning at a festive gathering can feel uncomfortable. A good approach is to frame the conversation around care and protection. Even a short, thoughtful conversation can set the stage for action in January. Here are some examples of ways to speak about it:
- “We want to make sure everyone’s wishes are clear so no one has to stress later.”
- “Setting this up is really about making life easier for us if something unexpected happens.”
- “It’s like insurance—you hope you don’t need it, but it’s important to have.”
Conclusion
Taking the time now to set up a Power of Attorney and a Representation Agreement is one of the most meaningful steps you can take to protect your loved ones. These documents ensure that financial, legal, and healthcare decisions can be handled smoothly if the unexpected happens, sparing families from unnecessary stress or conflict. As the year draws to a close and families come together, December is a natural moment to start the conversation and put plans in place. By acting now, you can step into the new year with peace of mind, knowing your family is prepared for whatever lies ahead.
Find out more about our estate planning services and book a consultation here.
Stay up to date with the latest legal scoop by signing up for our newsletter.
Disclaimer: This blog post is for informational purposes only and should not be construed as financial or legal advice. Consult with qualified professionals to create a personalized estate plan suitable for your specific circumstances.
