Most charitable organizations are aware of the use of specific bequests and residual bequests in Wills as part of planned giving and obtaining charitable donation dollars for their organization. But have you ever considered the promotion of Enduring Powers of Attorney as part of your planned giving promotion?

Enduring Powers of Attorney are part of an overall estate plan. The Enduring Power of Attorney allows for the appointment of someone called the "Attorney". Under a Springing Enduring Power of Attorney, the Attorney acts for the Donor in the future should the Donor become incapacitated and no longer able to make decisions about financial matters. An Attorney has authority to deal with the Donor's property but must only use the property and assets to benefit the Donor. If the Donor would like the Attorney to be able to continue to make charitable donations on his or her behalf during the time of incapacitation, this must be specifically authorized in the Enduring Power of Attorney. Specific charities can be named and also amounts and frequency of donations.

Often the donations are in the discretion of the Attorney based on the circumstances of the Donor, the size of the Donor's estate and the Donor's income requirements. Also, the clause can be worded to allow some discretion to the Attorney but at the same time directing a continuation of a course of giving established by the Donor prior to incapacitation.

The use of an Enduring Power of Attorney to continue charitable donations may be useful to charities as part of their planned giving programs.