Who Makes Decisions for Me If I Don’t Have a Power of Attorney?
Heidi AdairHeidi AdairA power of attorney (also known as a POA) is a document that authorizes you to name someone else to transact business and make decisions on your behalf. Often, we think about the power of attorney taking effect when someone no longer has the mental capacity to handle their own decision-making.
If you do not have a power of attorney and you are no longer able to make decisions for yourself, some interested party will need to work through the court system to be appointed as your guardian.
Generally, the guardian is someone who knows you and is willing to step forward. After a person is appointed as your guardian, that person is empowered to do things for you. The negative of a guardianship is the costs associated with setting it up and the ongoing reporting that must be given to the court.
It is a far better practice to execute a power of attorney document well before you have diminished capacity.
Need guidance? Schedule a consultation with an elder law attorney who can address your specific needs.
