The Power of a Power of Attorney

February 15, 2025

Learning about the value of a Power of Attorney

No one likes to think about having someone else act on their behalf, but there may come a time when, due to illness or other incapacity, you cannot act for yourself. That is why it is important to have powers of attorney in place, one for general and financial concerns and another for medical and health care matters.


A POA gives one person, termed the agent, the legal power to act for another, termed the principal, when making decisions about the principal's property, finances or medical care.

POAs are legal documents that may be drafted in one of two ways:


  • General or durable. Both general and durable POAs expire upon the principal's death, and both can limit the agent's decision-making powers. The critical difference between them is that general POAs expire if/when the principal becomes incapacitated, while durable POAs remain in effect until the principal's death. Many states do not consider POAs to be durable unless they specifically state that they are.
  • Immediate or springing. Immediate POAs become enforceable the moment they are signed. Springing POAs do not become enforceable until/unless the principal becomes incapacitated.


It's important to remember that for a POA to be valid, the parties must comply with the resident state's requirements for signatories. Some states require the document to be notarized, some require witnesses and others require both.


Health care POAs


All 50 states allow living wills (aka medical directives, health care proxies or advance health care directives) that allow you to appoint someone to make medical decisions for you in the event you cannot make them for yourself. However, these documents cannot possibly envision all potential scenarios. In addition, some states limit the extent to which they will honor health care directives from other states; that is, they will accept documents only as far as they comply with their own laws. Having a health care POA in addition to a living will is one way to bridge these gaps. The person with the health care POA will be able to act in circumstances that the living will does not cover and in situations when the living will may not be honored.


Financial POAs


A financial POA has some limitations, especially when it comes to the agent gaining access to bank accounts. Because of the prevalence of fraud and elder abuse, many banks, especially those in states that do not have statutory forms, are hesitant to recognize durable POAs without having them reviewed by the bank's legal department.

Another issue is "stale" documents. Some banks are unilaterally declaring that documents more than 10 years old are void. While this is not backed by law and in fact runs counter to the purpose of a durable POA, nothing has yet stopped the practice. One way to avoid the problem is to put the POA on file with the bank or other financial institution while the principal is healthy. That way, all parties can be sure the document complies with the bank's requirements.


Digital assets


Many existing POAs were created before the reach and value of digital assets were understood. As a result, because these assets are not specifically named in the POA, the agent may not be able to access them. Given the prevalence of digital assets, it is a good idea to update your POA. Keep in mind that any updates must be made according to state law.


What if a POA is not accepted?


If a bank or other financial institution refuses to accept a POA, taking the institution to court may be the best option. Alternatively, the agent can ask the court to declare the principal legally incapacitated. However, if the court agrees to do so, the principal's affairs would be put into court-ordered conservatorship, which would entail lifetime probate; in other words, court conservatorship is exactly what a POA is meant to avoid.


Uniform Power of Attorney Act


POAs are governed by state law. To standardize these laws across the U.S., more than half the states have enacted the UPOAA. The laws in UPOAA states will match each other in specific areas, including compensation for the services an agent provides and how the agent-principal relationship can be terminated. This is only true, however, if all jurisdictions involved have adopted the UPOAA.


POAs are an important part of comprehensive estate planning. The best solution to the potential risks inherent to POAs is prevention. Consult an estate planning professional who understands the nuances of drafting a POA that is compliant with the laws of the state(s) where the principal resides and with the banks and other financial institutions where the principal transacts business.


Copyright 2024 Industry Newsletters

Creating an eye-friendly workplace
September 23, 2026
Your employees spend one-third of their lives at work. Their workplace environment directly impacts many aspects of their wellbeing: their productivity, mood, and quality of life. Many leaders are aware of environmental health risks related to ergonomics, but one area that is often overlooked is eye health. The Environmental Health Crisis You’re Likely Missing Here’s some data you might want to take in: 72% of employees report struggling with environmental eye issues that reduce focus and productivity. But HR leaders estimate that less than half their employees are affected. This gap between perception and reality is costing companies like yours. Employees with unmanaged eye strain are less productive, more likely to take time off, and more likely to leave for employers who demonstrate greater care about their wellbeing. That’s a significant opportunity to improve culture and retention. Three Environmental Threats to Your Employees’ Vision 1. Seasonal Eye Discomfort Pollen, allergens, and seasonal environmental changes trigger itchy, red, burning, watery eyes and blurred vision for roughly 7 out of 10 workers. These symptoms aren’t necessarily minor—they can reduce focus, increase errors, and lead to personal time off. The problem worsens in both spring and fall when allergens are high. But employees can experience seasonal eye discomfort year-round due to changes in climate and weather patterns, humidity shifts, and indoor environmental factors. What you can do: • Educate employees about causes, symptoms, and treatments • Provide resources from reputable sources like the American Optometric Association • Install HEPA air filters in your workplace • Post reminders about washing hands and avoiding eye rubbing • Share information about OTC treatments and when to see an eye doctor 2. Workplace Climate, Air Quality, and Lighting Your workplace environment directly affects your employees’ eyes. Hot summer air combined with aggressive air conditioning creates dryness and irritation. Cold winter heating has the same effect. In more severe cases, poor indoor air quality from cooking oils, pesticides, and volatile organic compounds (VOCs) can contribute to ocular surface disease, glaucoma, and conjunctivitis. Lighting matters enormously. Dim conditions cause 45% of employees to report eye strain, stress, and anxiety. On the other hand, overly bright settings could also trigger strain and plus headaches. Screens compound the problem, with two-thirds of employees reporting screen-related eye issues. What you can do: • Install humidifiers to maintain balanced indoor humidity • Evaluate workplace lighting: ensure it’s adequate without being excessive • Advise employees to follow the 20-20-20 rule: every 20 minutes, look at something 20 feet away for 20 seconds • Recommend screen filters and blue light settings on devices • Address poor air quality by using low-odor cleaning products and understanding building material VOCs 3. Workplace Eye Safety Nearly 25,000 workplace eye injuries occur annually in the U.S., resulting in lost productivity, high medical costs, vision impairment, and mental health issues. But here’s what’s alarming: the fastest-growing number of eye injuries now occur at home—the new workplace for many employees. Common workplace eye hazards include blunt force trauma, flying debris, chemical splashes, radiation, and dust. Yet only 56% of employees feel their workplace is eye-friendly. While 81% of HR leaders say their company promotes protective eyewear, only 45% of employees agree. What you can do: • Regularly inspect work areas and equipment for eye hazards • Remove or reduce hazards where possible; clearly mark those that can’t be removed • Enforce the use of OSHA-approved safety glasses or face shields • Educate employees with literature, signage, videos, and presentations • Provide guidance for remote workers on home office eye safety Vision Insurance: A Benefits Strategy That Supports Culture and Retention Vision insurance covers regular eye exams, which catch vision problems and eye health issues before they become serious or affect work performance. Employees with access to vision care get prescription glasses, contact lenses, and lens treatments that reduce eye strain and improve productivity. They’re more likely to seek preventive care rather than waiting until problems impact their work. More importantly, employees who have vision benefits feel valued. They’re more likely to stay with your company, more engaged in their work, and more satisfied overall. In a competitive labor market, comprehensive benefits—including vision—matter to recruitment and retention. What to Watch Out For Employee education gaps: Many employees don’t know what treatments are available for eye issues. They don’t understand the connection between their environment and their eye health. Make sure your benefits communication includes eye health education, not just enrollment information. Perception vs. reality: Don’t assume your HR team knows how employees are really experiencing the workplace. Conduct surveys or focus groups specifically about eye health and environmental comfort. The disconnect between what leadership thinks and what employees experience is real. Remote and hybrid workforce challenges: Eye safety doesn’t end when employees leave the office. Many work from home or switch between locations. Provide guidance on home office setup, lighting, screen positioning, and break strategies. Preventive care adoption: Not all employees will use their vision benefits. Promote regular eye exams as preventive care, not just for getting glasses. Highlight the benefits of early detection and the connection between eye health and overall wellbeing. Foster a Culture That Cares Make sure your benefits package includes vision insurance that supports preventive eye care. The payoff is measurable: improved productivity, higher engagement, better retention, and a workplace culture where employees know their employer values their wellbeing. When you invest in protecting their vision, you’re investing in your organization’s vision as well. 
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A Plain-English Guide to the New $50 Copay Program and How to Get Started For years, Medicare generally has not covered medications when they are prescribed solely for weight loss. Federal law currently excludes drugs used for weight loss from the standard Part D benefit. However, a new, limited exception to the rule became available on July 1, 2026. Through a temporary program called the Medicare GLP-1 Bridge program, certain people with Medicare drug coverage may now be able to get select GLP-1 medications intended for weight management for a $50 copay per one-month supply. The Bridge program does not eliminate the underlying Part D exclusion for weight-loss drugs. Instead, it provides a separate, temporary pathway for eligible Medicare beneficiaries. Read on to learn what the program covers, who could qualify, and how the process works. Medicare Part D’s Existing GLP-1 Coverage Before looking at the new Bridge program, it helps to understand GLP-1 coverage up to this point. 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The program is available nationwide, including in U.S. territories. One important note is that the Bridge program operates outside the regular Part D benefit. Medicare pays participating pharmacies through a central processor rather than having your Part D plan pay for the medication. This means your Part D plan does not have to opt into the Bridge program for you to participate. Which Drugs Are Covered as of August 2026? As of August 2026, the Medicare GLP-1 Bridge includes these medications when prescribed to reduce excess body weight and maintain weight reduction: • Foundayo — tablet • Wegovy — injection or tablet • Zepbound — KwikPen only (not single-dose vials or pens) Because the Bridge program is evolving, Medicare may update covered products over the duration of the program. What About Ozempic and Mounjaro? The names of these medications are familiar to many people, so you may wonder if they're covered. 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You generally aren't eligible for the Bridge program if you already get GLP-1 drugs through your Part D coverage or if you have certain conditions for which GLP-1 treatment may be covered through regular Part D rules, including: • Type 2 diabetes • Moderate-to-severe obstructive sleep apnea • Certain fatty liver disease Having one of these conditions may make you ineligible for the Bridge program even if your particular Medicare drug plan doesn't currently cover the medication. In that situation, regular Part D coverage and exception rules may apply. You must also have qualifying Medicare drug coverage. That can include: • A standalone Medicare Part D plan • A Medicare Advantage plan with drug coverage • A Special Needs Plan with drug coverage • Certain employer or union Medicare drug plans • The LI NET program How Do You Get Started? The process starts with your health care provider rather than your Medicare drug plan. • Talk with your health care provider. Ask whether one of the covered medications is medically appropriate for you and whether you meet Medicare's BMI and health-condition requirements. • If they agree, your provider will send a prescription to your pharmacy. The medication must be prescribed as part of a treatment plan that includes diet and physical activity. • The first fill may take extra time. The pharmacy's initial claim may trigger a prior-authorization request to your provider. Once the required prior authorization is submitted, CMS says an approval or denial will generally be communicated within 72 hours. • Watch for a letter from Medicare. If your prior authorization is approved, Medicare will send you a letter confirming coverage through the Bridge program. • Be prepared to provide your Medicare information at the pharmacy. Your pharmacy may need your Medicare Number or, in some circumstances, the last four digits of your Social Security Number to process the claim. Once approved, the prior authorization generally remains valid through December 31, 2027, including for refills and dose changes. A new authorization may be required if you change to a different GLP-1 medication covered by the Bridge. How Does the $50 Copay Work? The $50 copay works differently from what you normally pay for medications covered by your Part D plan because Bridge program medications are paid for outside your regular Part D benefit. For medications you receive through the Bridge program: • You pay a flat $50 copay for a one-month supply • The $50 does not count toward your Part D deductible or annual out-of-pocket limit • It will not appear on your Part D Explanation of Benefits or your Medicare Summary Notice • Extra Help does not reduce the $50 copay • The Medicare Prescription Payment Plan cannot be used to spread the $50 cost across monthly payments Those differences are especially important to understand if you receive Extra Help or are tracking your prescription drug spending toward your Part D out-of-pocket limit. Your Next Step If you think you might qualify for the Medicare GLP-1 Bridge, start by talking with your health care provider. Your provider can help determine whether one of the covered medications is appropriate for you and whether you meet Medicare's eligibility requirements. The GLP-1 Bridge is currently scheduled to end December 31, 2027, so it's also worth discussing how your treatment and coverage options could change after the program period ends. If you have questions about your current Medicare drug coverage, we're happy to help you understand how your plan works and where the GLP-1 Bridge program may fit in. This article is accurate as of August 2026. The GLP-1 Bridge program keeps evolving, so it is good to keep an eye out for ongoing updates. 
Medicare Open Enrollment
September 9, 2026
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