As riders, we accept the risk of our sport. We know that every time we get on our horse, there is a risk of injury to ourselves. Our horse may spook, our horse may misjudge a fence, our horse may simply trip and fall. Many of us recognize that risk and mitigate it with safety equipment. We wear helmets and impact vests. We use safety stirrups, jumps that break, and quick release fasteners. Despite this, we still often fail to prepare for what happens if we actually get injured. 

Statistics show that 81% of us will get injured in our riding career. In other words, it is more likely than not, despite all of your safety precautions, you will get hurt. Every rider needs to prepare for that possibility. Doing so may be as simple as having two documents that every rider should have. These two documents should be as commonplace as a helmet and safety stirrups. You need a durable power of attorney and an advance medical directive. 

Before you get turned off by legal jargon and think this is too complicated, please consider for a moment what would happen if you were to suddenly sustain a head injury. Who do you want making decisions for you? What decisions do you want that person to make? These two documents empower you to have a voice in your life at a time you will need it the most. These documents also allow your loved ones to easily step in for you at a time when they will be consumed by worry. These documents are for you – but they are also for your family.

Durable Power of Attorney: Financial and Legal Power

A durable power of attorney allows someone (your Agent) to step into your shoes and make financial and legal decisions on your behalf. Often abbreviated DPOA, this document can be tailored to be as narrow or as broad as you want-depending on your situation. You can empower your Agent to:

• access your bank account
• pay your bills
• collect payments
• bring legal actions on your behalf
• have access to other accounts
• sign documents for you

Think about all of the financial actions you take every month. Now imagine you are in a coma. Your Agent steps into your shoes and takes care of these things for you. 

What happens if you do not have a DPOA before you get hurt? Well, you cannot take out a POA on someone else. Power of Attorney is formed when a person, who is legally competent, gives their legal power to someone else. So, your family cannot “take out a POA” on you after you are incapacitated. At that point, their only recourse is to go to probate court and petition for conservatorship. Depending on your jurisdiction, this can take several months. Additionally, depending on your family, you may not want some family members stepping into this role for you. Your DPOA allows you to make these decisions ahead of time and to declare who you want acting for you. You get to pick your Agent.

Can I change my POA? Absolutely. You are giving the power and you can take it away. POAs may be revoked and changed at will. Some banks will balk at very old POAs, so you should keep this document updated. 

Please note that POAs do not work after your death. At that point legal and financial matters will be taken over by an executor/administrator with the probate court, or by a trustee in the case of a trust.

Legal jargon: 

Durable: means the POA works even if you are incapacitated.

Immediate POA: this means the person you have named as your POA has these powers immediately upon you signing the document.

Springing POA: this means the person you have named as your POA only has power upon your incapacity. The availability of this varies across states. It also requires someone (usually a doctor) to declare your incapacity. 

Successor Agent: this is the person you are naming as your backup in case your designated Agent cannot act for you. For example, many people name a spouse as their Agent, but what happens if you are both in a car accident together? Naming a backup is always prudent.

Advance Medical Directive: Medical Decision Making

An advance medical directive allows you to designate who you want making your medical decisions for you. It also allows you to make decisions about what you do and do not want to happen in regard to your treatment. Some people have religious objections to certain medical procedures, while others simply may not want to have a particular procedure done (for example a transplantation or amputation, or organ donation). This document allows you to declare what you want ahead of time. It is worth noting, as many of us are female riders, your advance medical directive also allows you to make decisions related to a pregnancy at the time of incapacity.

As with the Power of Attorney, when you do not have this document, medical facilities often defer to the next of kin. Depending on your family, you may not want your “next of kin” making your decisions for you. Some families are estranged, sometimes people have long term partners but are not married. Your Advance Medical Directive allows you to designate your decision maker. Keep in mind that the person you choose does not have to be a family member. Also consider picking someone who has a clear head during a crisis.

Legal Jargon:

Back up Agent: This is the person you are naming as your backup in case your designated agent cannot act for you. Naming a backup is always prudent. 

Co-Agent: Some people want to name several family members to act together to make medical decisions. This works as long as everyone is in agreement. Before doing this, consider how well these people get along and how likely it is they will agree or disagree. 

Bonus Document: A Living Will

Okay, I know we said two documents, but some states will also have a third you should have – the Living Will. A living will allows you to decide what should happen if you are in a vegetative state or if you have a terminal illness. Many of us do not like the idea of being kept alive indefinitely on machines. If you do not want this to happen to you, then the Living Will allows you to say, “I do not want this.” and empowers your family to be able to make this extraordinarily difficult decision to stop providing life support. Different states have different methods for this. For example in Georgia, the living will is part of the Advance Medical Directive, in Texas it is a separate document.

A Living Will is different than a Do Not Resuscitate or DNR. A Living Will usually only springs into being when you are already in a permanent vegetative state or if you have an immediately incurable terminal illness – such as the end stages of cancer. 

How expensive is this planning?

Costs will depend on your jurisdiction and state. Many attorneys will do just these documents for a very reasonable price (less than the price of a high end helmet) or as part of a more comprehensive estate plan such as a will or trust. Alternatively, many states also have what is called a “statutory form.” This is a Power of Attorney and Medical Directive that is written by your state that conforms with your state’s laws. They are freely available on the internet and you can download the forms and fill them out. Be sure to abide by your state’s rules for proper execution. Some states require impartial witnesses and/or a notary. As a practical matter, avoid random internet documents. While this may save you money, the downside is that you do not have the legal advice you may need to answer thorny questions. Whether to hire legal counsel or go it alone is an issue you will have to balance depending on your personal situation.

Don’t Forget

A final important note. Once you have these documents, you need to have two conversations with the people you have named to act as your Agents. 

• Talk to them about your decisions, tell them what you do and don’t want, answer their questions, be clear and let them know how much you appreciate them. 
• Please tell them where your documents are! Your named Agents cannot act if they do not know where the documents are. Fortunately, many states allow a copy to have the same power as the original – check the rules in your jurisdiction.