Most people understand the need for a will. It tells the world who gets your assets after you die. But what about the time before that? What happens if you’re alive but can’t make decisions for yourself? That’s where a power of attorney becomes necessary. This legal document lets someone you trust make decisions on your behalf when you can’t. Without one, your family may end up in court facing delays during what’s already an incredibly difficult time.
What a Power of Attorney Actually Does
A power of attorney (POA) designates an agent to act for you in legal and financial matters. Unlike a will, which only kicks in after death, a POA operates while you’re still alive but unable to manage your own affairs. You’ve got different types to consider:
- Durable Power of Attorney – Stays in effect even after you become incapacitated
- Springing Power of Attorney – Only becomes active upon a specific event, such as incapacity
- Limited Power of Attorney – Grants authority for specific tasks or time periods
- General Power of Attorney – Provides broad authority over financial and legal matters
Most people benefit from a durable POA. It covers situations where you’re temporarily or permanently unable to make decisions, which is usually what families need when things go wrong.
Why a Will Isn’t Enough
Your will has zero power until after you die. Think about that. If you become ill, injured, or mentally incapacitated, your will can’t help your family pay bills, manage investments, or handle property matters. Without a power of attorney in place, your loved ones would need to petition the court for guardianship or conservatorship. This process takes time. It costs money. Court proceedings can drag on for months while bills pile up and financial deadlines pass. Nobody wants that. A Troy will lawyer can explain how these documents work together to protect you during life and after death.
Real Situations Where You Need It
Medical emergencies don’t announce themselves. A car accident, stroke, or sudden illness could leave you unable to communicate or make decisions. Your agent could then step in and handle things that can’t wait:
- Access bank accounts to pay mortgage and utilities
- File tax returns on your behalf
- Manage retirement accounts and investments
- Sell property if necessary to cover care costs
- Make business decisions if you own a company
Even temporary incapacity creates problems. Recovery from surgery might leave you unable to handle financial matters for weeks. A POA means someone can step in immediately without jumping through legal hoops.
Choosing the Right Person
Your agent holds significant responsibility, so this decision matters. This person should be trustworthy, organized, and capable of making sound decisions under pressure. Many people choose a spouse, adult child, or close family member. Someone who knows you well and won’t panic in a crisis. Consider naming a backup agent as well. If your first choice can’t serve for any reason, you need someone ready to take over without court intervention. Michigan law provides specific guidelines for powers of attorney under the Estates and Protected Individuals Code. Working with Gudeman & Associates, P.C. helps make sure your document meets all legal requirements and actually holds up when you need it.
When to Create One
The best time is now. Right now, while you’re healthy and thinking clearly. Once you lose capacity, it’s too late to execute a valid POA. Young adults should consider this document too. Turning 18 means your parents no longer have automatic authority to make decisions for you. A serious accident or illness could leave them unable to help without a POA in place, even though you’re their child. Review your POA every few years. Life changes. Divorce happens. People relocate. Relationships become strained. Any of these situations may mean you need to choose a different agent. A Troy will lawyer can help you update the document when circumstances change.
Taking the Next Step
A power of attorney protects you and your family from unnecessary legal complications. It works alongside your will to create a complete estate plan that addresses both life and death, not just the end. Don’t wait until a crisis forces your hand. Schedule a consultation to discuss your specific situation and put the right protections in place. Having these documents ready now provides peace of mind and saves your loved ones from added stress during what will already be challenging times.
