Mental Health America of Virginia The voice of reason in mental health advocacy

Screen 14 Page 1: Using Your Power of Attorney

Congratulations, you have provided the information necessary to complete your Power of Attorney. Once you receive the document, you should review it to make sure it is correct and make any changes you want to make. Once it is complete and correct, you need to sign it in the presence of two witnesses. Your agent and alternate agents cannot be witnesses. You have to choose two people who are not already listed in the Power of Attorney. Virginia law does not require your Power of Attorney to be notarized, but it is a good idea if you can do so. You can generally find notaries at libraries and banks. The notary cannot be one of the two witnesses. If you choose to use a notary, then you and your two witnesses must sign the document in front of the notary and you must show some form of identification. If you want to register your Power of Attorney with any Advance Directive Registry, it must be notarized. We should have such a registry in Virginia soon.

If you have given your agent the power to do anything over your objection, you will see a line for the signature of a physician or licensed psychologist. By signing the document, the physician or licensed psychologist is stating that you understand the decision to give your agent this power and you are aware of the possible consequences of this decision. Your agent will not have the power to act over your protest unless the form is signed by a physician or licensed psychologist. This signature can be obtained either before or after you and your witnesses sign it.

After all of the signatures have been obtained, you should make several copies of your Power of Attorney. Either you or your agent should keep the original in a place where it can be easily found. You should give a copy to each of your alternate agents, doctors and local medical facilities. You may also choose to give copies to other family members and friends, your clergy (is this the generic term that would cover all types of ministers, rabbis, priests, etc.?), case manager or others. Be sure to keep track of the copies you distribute because if you ever want to make any changes, you will need to notify these people.

Your Advance Directive will be helpful only if it is available when needed. If you are unable to tell someone where it is located, how will people know you have one? There are several things you can do:
• Make sure your Advance Directive is filed at your local hospital or hospitals.
• Put a card in your wallet with your license or ID that states that you have an Advance Directive and includes the name and phone number of your agents.
• Emergency medical personnel are trained to look in certain places for an Advance Directive if you are unconscious or cannot communicate. They may look in your wallet for a notification cars as described above. They may look on or in your bedside table. They may also look in your refrigerator and freezer. These are all places that people may keep their important documents. If you are sick enough to need emergency treatment, it is important that the emergency personnel can find your documents quickly. This is no time for a game of hide-and-seek! Make your Advance Directive obvious or put a note on or near your bed which gives the location where it can be found.

PRINT POWER OF ATTORNEY DOCUMENT

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