Anyone having a POA on their thru?

[crazystick]

My dad brought up that I may want to consider assigning someone as my power of attorney while I'm gone in case something happens. Any of you doing this? Anyone else have an opinion about this?
I'm kinda iffy on it, I just don't feel like it's needed.

[rhjanes]

You're young, but you should consider several. Do you have much in assests? Do you want to have some control over what happens to that "stuff" if you becomd incapacitated? You also need to consider your life. What happens if you fall, bust your head and are rendered incapacitated? Who do you want making decisions over your care? If you are married, then you should have financial and life decisions to your married partner. If not, then.......

Stuff you should consider

[skybrew]

Not a bad idea to set up a PoA as well as any other forms for decisions in your off-trail life that might not wait until your return. Wife & I have the usual set of documents (will, medical intentions, etc) but I've signed forms that allow my wife to make decisions on IRA/401k accounts that are in my name only...just in case.

Also looks like we may be starting the same day - see ya in GA.

Skip/Strider

[Ashman]

I wrote a thread with some observations on this a few years back. You can see it here.



I'm not an attorney anymore (quit to go teach) but the principles are still valid to consider.

[stonedflea]

i haven't even thought of this. at all. what if you're single with no kids? i guess i should write up something just so if something happens, the state of south carolina or virginia or wherever i'm a resident doesn't just take my washer and dryer and stick it on the yard of the capital.

[crazystick]

I wrote a thread with some observations on this a few years back. You can see it here.
I'm not an attorney anymore (quit to go teach) but the principles are still valid to consider.

wow this was very informative! Thank you for writing this up! I guess it couldn't hurt to make up a DIY one from a template and get it notarized or whatever. I will stick with the temporary kind...

[Rain Man]

What does hiking have to do with it? The hiking part is a red herring. A distraction.

I'm an attorney and estate planning is part of my practice, so I do durable powers of attorney and health care durable powers of attorney all the time. And sometimes I see what happens in those situations when it's too late and it is/was needed.

Anyway, to me you simply need to answer the question and leave the hiking part out.

The other thread has some very good information and discussion on hiking "estate planning," but you do have to wade through a few unwarranted and gratuitous jabs at America (and jabs at America's justice system are jabs at America) and the hobby horse carnards about "lawyers."

Some of the most interesting and successful estate planning work I've done has been for "poor people." They are people too, it turns out!

Good question!

RainMan

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[Rain Man]

guess it couldn't hurt to make up a DIY one from a template and get it notarized or whatever. ...

If you think that's true, I can recite a few examples otherwise, including one where the entire family farm went to the hated in-law side of the family, because of that attitude, or another probate I had to do, that went to the state Supreme Court over DIY wills, or another probate where the faithful and beloved foster daughter had to fight with the estranged aunt over the decedent's body for burial. Not to scare you, but just to say yes, it can hurt very much. In those cases, "Crazy" might well describe such an attitude of "it can't hurt." Once you're in a coma, or dead and gone, it's almost always too late to fix DIY estate planning.

RainMan

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[crazystick]

Understood. And I wouldn't put that much stuff into my POA, I'm 23 with no property or anything of value, no savings, nothing. I'm lucky to have insurance under my dad now. I have no money for an attorney, making up a POA from a template and assigning my dad IS the way I gotta go, better than nothing is my only option.

[10-K]

What does hiking have to do with it? The hiking part is a red herring. A distraction.

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That was my first thought....

If you need one to go hiking you probably needed one to drive to the corner store. Anything can happen anytime.

[Utah]

I filled out a form I got from Office Max to give POA to my wife. We had a notary witness it. No need to hire a lawyer. I learned how important this was to do because just prior to my thru-hike my best friend had a medical condition that left him with out his wits. His brothers had to spend thousands to be able to make financial decisions for him. It was a sad state of affairs.

[Turtle-on]

Crazystick, have you tried legal aid in your area? Another alternative would be to approach any lawyers that you know and ask them for some simple estate planning Pro Bono. I am wondering if you are sure that you cannot afford an attorney. I am an attorney who does estate planning, and I cannot echo Rain Man's advice enough. A lot of attorneys that I know do a great deal of pro bono work. DIY legal work can result in some situations that are truly painful for you and those that you care about. I know how confident those commercials on the radio sound, but they will not be around when you discover exactly how poor they can be.

[crazystick]

Thanks for all the advice guys, and its also great to have a few lawyers on the forums for questions like these. I will ask around, to me the word "lawyer" pops up in my brain next to a bunch of money symbols, and it makes me think it will cost me lots to just do a form. But I will without a doubt make someone my PoA, and will try and get a lawyer to do one for me on the cheap or for free. maybe put up a craigslist ad?
but regardless, its evident that I should have one, atleast for medical decisions.

[Rain Man]

If you're truly impoverished, I'm guessing you could "advertise" on here for an Illinois attorney, fellow hiker type, who'd advise you pro bono (for free).

Of course, in my practice, I have literally sat across the desk from someone telling me how poor they were. They were millionaires.

Keep in mind, that lawyers who do legal work are responsible for it, the good and the bad and ugly, sometimes decades later. So, we can't do these things half-assed. I'm always amazed at folks who don't do their own dentistry, don't do their own transmission rebuilds, and so forth, but figure that grabbing some lame form at some office supply, or swiping something off the Internet, and modifying it in their layman ways, will give acceptable results when push comes to shove. There's a reason the saying is "penny wise and pound foolish."

But as I say, if you are indigent, you can get free legal help.

RainMan

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[Wombat Farm]

My dad brought up that I may want to consider assigning someone as my power of attorney while I'm gone in case something happens. Any of you doing this? Anyone else have an opinion about this?
I'm kinda iffy on it, I just don't feel like it's needed.

Crazystick...your poor dad doesn't have a clue does he? I mean that in a good way by the way! There is nothing to worry about out on the trail. You have a better chance of getting run down by a car on a dirt road out in the sticks at 5am in the morning than something going seriously wrong on the trail. When I was first backpacking alone my dad wanted me to carry a gun or at least pepperspray. Right! I don't think so.

Enjoy your hike and do what you think is best.
Cheers

[crazystick]

I take no offense, but my dad has a clue, he is a very experienced hiker/outdoorsman, and isnt worried about me in the least bit. I have been on my own since i was 17, my parents are used to me doing my own thing and not being in contact regularly. my sister is in germany in a study abroad program, its part of the program that she needs a PoA, my dad is that person. When we got together to visit during the holidays we were talking and he brought up that since im gone for six months I might think about this. He isnt worried about anything happening to me, there are multiple uses for a PoA i understand. I made this thread to find out how many other thru hikers use one.

Crazystick...your poor dad doesn't have a clue does he? I mean that in a good way by the way! There is nothing to worry about out on the trail. You have a better chance of getting run down by a car on a dirt road out in the sticks at 5am in the morning than something going seriously wrong on the trail. When I was first backpacking alone my dad wanted me to carry a gun or at least pepperspray. Right! I don't think so.

Enjoy your hike and do what you think is best.
Cheers

[Erin]

I have a durable power of attorney and my state I chose who has to make the decision to pull the plug, so to say, if I get run over by a car, etc. It is three pages, notarized and an attorney in your state can do one in about five minutes. If your dad has an attorney who did his will, he or she will probably do it for free.

[Erin]

I apologize for the spelling errors. Jeez! I cannot type tonight.

[Ashman]

There is nothing to worry about out on the trail. You have a better chance of getting run down by a car on a dirt road out in the sticks at 5am in the morning than something going seriously wrong on the trail.
Cheers

Which is why you need the POA. You DO have a greater chance of getting in a car wreck driving to the trail than getting hurt on the trail but either way you need the document. If you don't have one you are basically saying that IF the recycled vegetation hits the rapidly oscillating metal blade, you want NO say in what happens to/for you. You are perfectly okay with letting the state make the call. NO THANKS!

[crazystick]

Of course, in my practice, I have literally sat across the desk from someone telling me how poor they were. They were millionaires.
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Aw! You caught me, I am indeed a millionaire!

And look I'm not indignant, how many people a day do you call that? Or am I one of the lucky few. Not everyone is a lawyer, until a couple months ago I didn't know what a PoA was, I'm sure you could have been more diplomatic and not talk down to me. I will pick up a form from kinkos and fill it out, those horror stories you have are of people fighting the POA because they want what that person has, nobody will tell my parents "hey I'm going to fight you in court because I think I should decide what happens to your son and his couple hundred dollars." I think I will live with your generic POA. I will take my chances. When I have more things like property etc. Then a lawyer will be worth talking to.
Thanks for everyones advice, I learned that a POA is something to have, not just while hiking.