Earlier today, I had the privilege of participating in a workshop entitled “A Jewish Approach to Conscious Living and Conscious Dying,” sponsored by the Deutch Family Shalom Center of Temple Chai in Phoenix Arizona and the Jewish Community Foundation of Greater Phoenix.  More than 130 people gave up a beautiful Sunday to come together and explore what it means to  journey toward a meaningful elderhood in a Jewish context. 

The Speakers included Rabbi Richard Address, who serves as the Union for Reform Judaism’s Specialist  for Caring Community and Family Concerns, Dr. Lawrence Ettkin, a licensed psychologist who presently works as a life coach to help adults with the difficult transitions they are facing, and Dr. Howard Silverman, a Clinical Professor of Family and Community Medicine (among other things) at the University of Arizona School of Medicine. 

After a day of considering such topics as  Tools and Traditions for Meaningful Aging, and Seeking Guidance from Jewish Tradition in making sacred end-of-life decisions, I was honored to have the opportunity to speak to those who attending my breakout session on the practical foundations of life care planning.    Once we have made our decisions about how we want to live the last chapter of our lives, it is important that we document it.  For example, if we have made it clear in an ethical will that we want our children to work together after we are gone, we would not want to  create the opportunity for family confusion and strife by not properly documenting how we want our property distributed.   Similarly, we will not benefit from the thoughtful preparation of a Living Will that describes the end-of-life treatment we do – and do not – want, if we have not appointed someone as our Medical Power of Attorney to implement those intentions in a properly executed document. 

Many of us are familiar with the joke about the man on his roof after a serious flood.   He refuses the help of people coming by in a boat, and then a helicopter, because, he says, “God will provide.”  When the man drowns, he agrily accuses God of abandoning him, to which God replies – “what do you mean? I sent the boat and the helicopter!” The moral of this story, of course, is that we work in partnership with God to implement his plan.  Once we have done the hard work of thinking through how we want to live our last chapter and what sort of legacy we want to leave behind, it is just as important to do the human work of memorializing it in properly executed, legally enforceable documents.

Many people think of Powers of Attorney the same way they think about their Will – something they will get done “eventually” because it will not be needed until “later.”  However, the need for Powers of Attorney can arise at any time.  And like many planning tools, if we wait until we need them, it may be too late.

A Power of Attorney lets you pick the person (your “attorney-in-fact”) who will make decisions on your behalf if you cannot make or communicate them for yourself. While we often think this will happen toward the end of life, anyone, at any age, can have an accident or contract an illness that prevents him or her from making or communicating their decisions for a period of time.  Without Powers of Attorney, a Court may choose someone – a Guardian for personal matters, or a Conservator for financial matters – to make those decisions for you.  Not only might that be someone you would not have chosen, but your affairs might be in quite a bit of disarray before this legal process is completed.

A Healthcare Power of Attorney covers healthcare decisions, and a General Power of Attorney covers decisions related to financial matters. A Durable Power of Attorney contains specific language that makes it clear that your attorney-in-fact can act when you are disabled. In Arizona, it is quite simple to prepare Healthcare Powers of Attorney.  The Office of the Attorney General has forms on its website, at www.azag.gov/life_care.  The completed forms should be signed, witnessed and notarized, with copies given to your attorney-in-fact and your doctor.

A General Power of Attorney is not included in the Attorney General’s packet.  There are so many variables about what you may want to authorize someone to do on your behalf, as well as things you want to specify that they may not do, that a generic form won’t do the trick.  For example, can your attorney-in-fact name himself as a co-owner on your bank account, or just sign checks?  Can she hire people to take care of your home while you are incapacitated?  Can she hire – and pay – herself to do that?  Can she sell your house to free up funds for your care, or do you specifically not want your house to be sold?  These are just a few of the types of decisions you can make in your Power of Attorney so it is clear to both your attorney-in-fact and the people he or she deals with that he or she is acting on your behalf.