Probably, the most common advance directive is the durable power of attorney (POA). This is a document that allows someone to handle your financial affairs. Unless your document states otherwise, it becomes effective when you deliver it to the named individual. Ray recommends that you name three people if possible to serve in succession. He doesn’t recommend naming two individuals to serve as co-POAs. It becomes cumbersome if two signatures are required for everything. In our office, we usually have clients sign four duplicate originals, giving the client three and we keep one for emergencies. The client can then distribute them to the individuals named.

There is another kind of POA and it is a "springing power of attorney." In this kind of POA, the document cannot be used until a determination has been made that the donor is "incapacitated." Ray does not recommend the use of this type of POA except for special situations as the determination of "incapacity" can be controversial.

You want to be sure that the people you name in your POA are trustworthy and would act in your best interest. You also want to select someone who is willing, able to serve, has the time to serve, and does not have creditor problems.

Another important advance directive is the health care surrogate which works much like the durable power of attorney except this is for health and medical matters. We recommend that you have your doctor make a copy of it for his file. When you go to the hospital, do the same, have them make a copy. Openly discuss your views with your family, doctor and friends so they know what you want and don’t want as to your medical treatment. It also allows doctors to provide your donee medical information when necessary.

A living will is a third advance directive which specifically states what kind of care you want if you are in a terminal condition.

A fourth advance directive is a pre-need guardian designation in which you state who you would want to serve as your guardian if the need arises. This document is filed in the probate division at the county courthouse in which you reside. In the event an unscrupulous person files for a guardianship over you, the court would notify the individuals you named and they could object.

In different states, the names might be a little different but they serve the same purposes. Also, some attorneys combine the durable power of attorney and health care surrogate, Ray prefers individual documents. As you can see, these are very important documents, so it is critical that you choose wisely when naming others to handle your affairs. You should review your documents every 3-5 years, perhaps the people you have named in the past are not able or willing to serve now.

A word of caution, when you go to the hospital, the staff will ask if you have these documents, don’t sign their short abbreviated forms if you already have documents.