"Why is this document so long?" Mrs.
Jones sat in trepidation at her lawyer’s office shuffling the
many pages of her new power of attorney. "Why can’t I just say
that I want my children to be able to pay my bills, and handle
my affairs if I can’t?"
The lawyer smiled. "You can. That’s
what this does."
His client shook her head ruefully.
"Why can’t it just say my son John can do anything he thinks
he needs to do?"
"Well," her attorney began, "there are
these nasty things called computers, and these awful creatures
called lawyers . . . "
Both smiled. The lawyer continued,
"With the advent of word processing, it became simpler to make
documents longer.
"About the same time, banks and
brokerages were getting sued because powers of attorney that
contained general language like ‘manage bank accounts’ were
being used to do things like close out CDs. A CD is not,
technically, a bank account as that term is usually
understood. The bank was often found liable to a disgruntled
child who objected to the actions of another child named as
agent under the power of attorney.
"So, the banks and other asset
custodians began to insist that powers of attorney be more and
more specific. The real question, then, isn’t ‘is it too
long,’ but, ‘is it long enough.’"
Mrs. Jones was not convinced. "Why
can’t life be simple? Isn’t there anything I can do besides
sign this big thing?"
Her attorney nodded. "You could just
do nothing, but then if you can’t pay your own bills and take
care of your own affairs, your son will have to go to court
and be appointed guardian. That’s expensive, embarrassing and
time-consuming. Not a very good option.
"You could go to your bank and your
stockbroker, and see if they have a power of attorney form. It
will probably be shorter, but will only deal with your account
with that bank or broker. So, you trade one long form for
several shorter ones.
"Not every bank or brokerage has a
form. Some only have a power of attorney designation on
accounts for agents named under a power of attorney drawn up
by a lawyer.
"And because these forms only apply to
a particular account at a particular bank or brokerage, your
son couldn’t use it to open a new account at a new bank if
your bank was sold or closed the local branch. And he couldn’t
use it to open a CD at a different bank if that bank’s rates
were better than the rates at your bank.
"You could make your son a joint owner
of all the accounts. That means he owns the assets right now,
so he can write checks or liquidate securities. That’s simple,
but it’s a very bad idea. Even if your son would never steal
your assets, making him a joint owner means that his creditors
could enforce his legal right to those assets and take your
accounts.
"That’s why I use this document. It
works, it’s flexible, and it keeps you out of court."
Mrs. Jones nodded. "I still don’t like
it," she said, "but I understand now why you use it. I’ll take
it home and read it, and have my son look at it. But I’ll
probably fall asleep, so don’t expect me to hurry!"
The attorney nodded laughed. "My power
of attorney is apparently a cure for insomnia. So it works in
more ways than one!"