Why Do I Need A Power Of Attorney?

It is a common misconception that most people feel that powers of attorney are just for older or sick people.

Most are generally surprised when I tell them that I recommend a power of attorney for any person regardless of health or age that is older than eighteen (18). The reason: No human being has any guarantee in this life, that they will remain healthy and not lose capacity.

If an adult loses capacity and has not executed a power of attorney, that adult’s family will be unable to administer that adult’s property and estate and will be unable to make non-emergency medical decisions.

The family will be forced to institute interdiction proceedings to get a court authority to administer property and make these decisions. Interdiction legal proceedings are expensive and take considerable time to complete.

Further, the incapacitated adult would be unable to choose his or her curator. The curator appointed by the Court may be a person which the incapacitated adult did not want.

Powers of attorney are a small fraction of the fees and costs of interdiction proceeds. Therefore, every adult regardless of their health needs to execute a durable power of attorney to prevent needless expense, headache, heartache and unintended results.