Silver Sherpa has launched a podcast with de VRIES LITIGATION LLP. SMART AGEING, SMART ESTATES is published through All About Estates and co-hosted by Susan J. Hyatt, Chair and CEO, Co-founder of Silver Sherpa, and Justin de Vries, Principal and Founder of de VRIES LITIGATION LLP. Episode 1, Powers of Attorney, is released Sept. 10.
The podcast starts with POAs because people often misunderstand the responsibilities that come with these appointments that can often go on for years. Families call Silver Sherpa in the middle of decisions that should have been made years earlier. A parent is in hospital, discharge planning has started, and someone has to determine whether home is still safe, whether care can be arranged within days and who is authorized to sign for any of it. Legal documents and appointed attorneys are often present, but the plan on how to carry out the individual’s wishes is not.
The power of attorney for personal care has a wide scope.
A power of attorney for personal care reaches into six domains of daily living. As Susan Hyatt puts it in the episode: “A lot of people think, ‘Oh, it’s just about pulling the plug. If I get sick and I’m on life support, you’re my person to pull the plug.’ It’s actually much broader than that.”
For example, what are the individual’s wishes when they move from the family home? Which retirement residence would they prefer? When would they like to make that lifestyle transition? Or, if ageing in the right place, how much home care is required, who will deliver it, and how it will be paid for? An appointed decision maker who has never discussed any of this is guessing under time pressure while relatives may disagree.
The trusted circle approach to appointing a power of attorney for personal care.
Episode 1 sets out a trusted circle approach to appointments rather than defaulting to family seniority. Appointing several attorneys who may not agree introduces a specific risk, particularly when one lives nearby and the others do not. In elder management practice, that arrangement does not allow for quick decisions, such as at the point of a hospital discharge or a change in condition that requires an immediate decision.
Communicate early and often.
Tell the people you appoint what you want, why you chose them and where the original document is kept. Many older Canadians were raised to do the opposite. Hyatt describes the generational habit directly: “It was the great, quiet generation, the Depression generation. Don’t tell anybody. If there’s a problem, we just put the kettle on and change the colour of our sweater, but don’t say anything.”
Silence shifts the cost to the next generation, who then attempt to reconstruct a parent’s wishes from fragments while managing an active care situation.
Where elder management fits
Justin de Vries addresses the legal risk in these documents: drafting vulnerabilities, fiduciary disputes, and the remedies available once something has gone wrong. Susan Hyatt addresses what happens the day the document is used. A power of attorney grants authority, but it does not tell the person holding it which physician to call, what medications are current, what a parent considers an acceptable quality of life, or how the family will fund care that lasts longer than anyone budgeted for.
The lifestyle plan that accompanies a POA is the difference between a legally valid document and a plan that works when you need it. Planning for how you age matters as much as planning for what you leave behind.
Listen to SMART AGEING, SMART ESTATES.
Visit the episode page on All About Estates to listen to Episode 1: Powers of Attorney
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This podcast is for general informational and educational purposes only and does not provide legal, financial, medical, tax, or other professional advice. Nothing discussed creates a professional-client relationship. Please consult a qualified professional about your specific circumstances. The views expressed by guests are their own and do not necessarily reflect those of the podcast or its hosts.