Power of Attorney

Let’s be honest—none of us really want to think about the “what ifs.” But life doesn’t always give you a heads-up. If something happened and you couldn’t make your own decisions anymore, who would step in? Would it be someone you trust? Would they even have the legal right to help?
That’s where a Power of Attorney (POA) comes in. It’s one of those things most people don’t think about until it’s too late. And without one, you could be putting yourself—and your family—through unnecessary stress, confusion, and delays.
Let’s walk through what can actually happen if you don’t have a Power of Attorney in place.

What Is a Power of Attorney?

Think of a Power of Attorney like a safety net. It’s a legal document that lets you choose someone to step in and make financial decisions for you if you ever can’t. That could be because of an illness, an accident, or even just getting older.
It’s your way of making sure your voice is still heard—even if you can’t speak for yourself.

What Happens If You Don’t Have A POA?

 

1. Your Family Might Have to Go to Court

If you’re unable to make decisions and haven’t assigned a POA, your loved ones might have to go through guardianship or conservatorship proceedings. That means going in front of a judge, filling out forms, possibly hiring a lawyer—and all while trying to handle your affairs in the middle of a crisis.
And here’s the thing: this process can take weeks or even months. That’s time your bills go unpaid and your financial reputation suffers.

2. You Lose the Right to Choose Who Helps You

This is a big one. Without a POA, the court chooses who gets to make decisions for you. It might not be the person you would’ve picked. In fact, it might not be someone who knows you well at all.
Having a Power of Attorney puts you in control—you get to pick someone you trust, someone who understands your values and will act in your best interest.

3. Your Finances Could Be Frozen

Without a Financial POA, no one can legally access your bank accounts, manage your investments, or pay your bills. Even your spouse might not have automatic access. That can quickly create a mess—missed mortgage payments, shut-off utilities, and financial stress your family doesn’t need during an already difficult time.
With a signed POA, someone you choose can step in and handle everything right away. No court approval needed.

4. It Puts a Huge Burden on the People You Love

Imagine your family trying to make big financial decisions on your behalf… but without any legal authority, and without knowing for sure what you’d want. It’s overwhelming. It leads to stress, guilt, even family conflict.
By creating a POA now, you’re giving them a gift—the gift of clarity, confidence, and peace of mind. They won’t have to guess or argue about what to do. They’ll know, because you planned ahead.

Bottom Line: It’s Better to Have It and Not Need It

Setting up a Power of Attorney isn’t just for older people. It’s not just for the wealthy. And it’s definitely not something you want to put off “until later.”
You never know when life will throw you a curveball. Having a POA in place means you’ve already taken steps to protect yourself—and the people who care about you.
If you haven’t created one yet, it’s easier than you might think. At Amoruso & Amoruso LLP, we help you set up a Power of Attorney as part of a broader, personalized estate plan. That way, you can feel confident knowing that your future—financial and legal—is in the hands of someone you trust.
Attorney Advertising.

Mr. Amoruso concentrates his practice on Elder Law, Comprehensive Estate Planning, Asset Preservation, Estate Administration and Guardianship.