Best Practices Every Adult Should Follow

Every adult should have basic legal documents in place — not just retirees.

Two of the most important documents are:

• Financial Power of Attorney

• Health Care Power of Attorney (Advance Directive)

These documents allow someone you trust to make decisions for you if you are unable to act for yourself.

This page explains best practices, including how many copies you should have and who should receive them.

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1️⃣ Financial Power of Attorney

(General / Durable Power of Attorney)

A Financial Power of Attorney allows a trusted person (your “Agent”) to handle financial and legal matters if you become incapacitated.

This may include:

• Banking transactions

• Paying bills

• Managing investments

• Handling real estate

• Dealing with insurance

• Accessing retirement accounts

• Handling government benefits

A properly drafted Power of Attorney is typically “durable,” meaning it remains effective if you become incapacitated.

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How Many Financial Powers of Attorney Should You Have?

You generally need:

• One original signed document

• Several certified or executed copies

Best practice:

✔ Keep the original in a secure but accessible location
✔ Provide a copy to your primary Agent
✔ Provide a copy to your backup Agent
✔ Provide copies to financial institutions if required

Some banks require their own internal POA forms. Your agent may need to present the document before it is needed.

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Who Should Receive a Copy?

Consider providing copies to:

• Your primary agent

• Your successor (backup) agent

• Your estate planning attorney

• Your financial advisor

• Your accountant

• Trusted family member (if appropriate)

You generally do not need to give copies to every bank immediately, but your agent should know where to find the original.

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2️⃣ Health Care Power of Attorney

(Advance Directive / Health Care Proxy)

A Health Care Power of Attorney allows someone to make medical decisions if you cannot communicate your wishes.

It may include:

• Consent to treatment

• Access to medical records

• End-of-life decisions

• Long-term care decisions

• HIPAA authorization

This document is separate from your financial power of attorney.

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How Many Health Care Powers of Attorney Should You Have?

Best practice:

✔ Keep the original in an accessible place
✔ Provide a copy to your primary health care agent
✔ Provide a copy to your backup agent
✔ Give a copy to your primary care physician
✔ Upload to your patient portal if available

You may also consider:

• Carrying a wallet card indicating you have an advance directive

• Informing close family members who your decision-maker is

Hospitals often ask for a copy at admission.

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Who Should Receive a Copy of Your Health Care Directive?

Recommended recipients:

• Primary health care agent

• Successor agent

• Primary care doctor

• Specialist physicians (if applicable)

• Trusted family member

• Assisted living facility (if applicable)

Make sure your agent knows your wishes in advance.

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3️⃣ Should You Have Multiple Originals?

Typically, you only need:

• One original signed financial POA

• One original signed health care POA

However, some clients execute multiple originals in case one is misplaced.

Your attorney can advise whether multiple originals are appropriate in your state.

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4️⃣ Where Should You Store These Documents?

Best practices:

✔ Safe but accessible location
✔ Not locked in a safe deposit box unless your agent has access
✔ Clearly labeled
✔ Agents informed of location

Avoid hiding documents where no one can retrieve them in an emergency.

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5️⃣ Review Every Few Years

You should review your documents:

• After marriage or divorce

• After birth of a child

• After death of an agent

• If you move to a new state

• Every 3–5 years as a general rule

Laws change, and institutions sometimes prefer newer documents.

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6️⃣ Common Mistakes to Avoid

❌ Naming only one agent with no backup
❌ Failing to discuss your wishes with your agent
❌ Storing documents where no one can access them
❌ Assuming your spouse automatically has authority
❌ Forgetting to update after major life changes

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When to Speak With an Attorney

You should consult an attorney if:

• You have blended family issues

• You own business interests

• You own out-of-state property

• You want asset protection provisions

• You need customized authority language

Proper drafting helps avoid disputes and delays.

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Need Assistance Preparing or Updating Your Documents?

If you would like assistance drafting or reviewing your Power of Attorney or Health Care Directive, contact Ginsburg Law Group.

📞 [Phone Number]
🌐 www.ginsburglawgroup.com

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Important Disclosure

This page is provided for general informational purposes only and does not constitute legal advice. Laws governing powers of attorney and health care directives vary by state. Consult an attorney licensed in your state regarding your specific situation.