Power of Attorney in Estate Planning: Why It’s Essential and How to Choose the Right Person
Walk-in Wills
Imagine This…
You’re in the hospital after an unexpected medical emergency. You’re unconscious, unable to speak for yourself, and doctors need immediate consent for treatment. Your family is by your side, but they quickly realize that no one has the legal authority to make decisions on your behalf.
Without a Power of Attorney (POA) in place, your loved ones may have to navigate a complicated legal process just to act in your best interest. This can cause delays, financial hardship, and unnecessary stress—all at a time when quick decision-making is critical.
If you want control over who manages your medical and financial affairs when you can’t, estate planning with a Power of Attorney is essential.
What Happens If You Don’t Have a Power of Attorney?
Many people assume that if they’re unable to make decisions, their spouse, children, or parents can automatically step in. Unfortunately, that’s not how the law works.
Without a Power of Attorney, here’s what can happen:
- Medical decisions are delayed – Hospitals and doctors may be unable to proceed with certain treatments without legal authorization.
- Financial accounts are frozen – Your family may struggle to access bank accounts, pay bills, or manage property in your absence.
- A court may take control – Without a legally named decision-maker, your loved ones may have to petition the court for guardianship or conservatorship, a process that can be costly and time-consuming.
Did You Know?
According to a Caring.com survey, 67% of American adults do not have any form of estate plan—including a will or Power of Attorney. That means millions of families are left navigating legal red tape during already stressful situations.
What Is a Power of Attorney and Why Is It Critical in Estate Planning?
A Power of Attorney (POA) is a legal document that allows you to appoint someone—known as your agent—to make financial and/or medical decisions on your behalf.
There are two primary types of Power of Attorney in estate planning:
1. Medical Power of Attorney (Healthcare POA)
- Grants someone the authority to make healthcare decisions for you if you become incapacitated.
- Covers situations such as approving treatments, managing long-term care, and making end-of-life decisions.
- Ensures your medical preferences are followed even if you’re unable to communicate.
2. Financial Power of Attorney (Durable POA)
- Authorizes someone to manage your finances and property if you’re unable to do so.
- Covers paying bills, handling investments, managing real estate, and accessing bank accounts.
- Helps avoid financial chaos by ensuring your obligations are met.
Without a financial POA, even your spouse may not be able to access joint accounts or manage your assets.
How to Choose the Right Power of Attorney Agent
Choosing a Power of Attorney is one of the most important estate planning decisions you’ll make. You should appoint someone who is responsible, trustworthy, and capable of making serious decisions.
Ask yourself the following questions before selecting an agent:
- Do they understand and respect my wishes? Your POA should be willing to honor your preferences, even in tough situations.
- Are they financially responsible? If they will be handling your finances, they need to be organized and trustworthy.
- Can they handle stress and pressure? Decision-making can be difficult, especially in emergencies. Your agent must be calm and level-headed.
- Are they available and willing to take on this role? Choosing someone who lives out of state or is unreliable may cause complications.
Mistake to Avoid:
Don’t pick someone just because they’re family. The best choice isn’t always your closest relative—it’s the person who will act responsibly and make decisions in your best interest.
Common Power of Attorney and Estate Planning Mistakes
Even if you have a POA, certain mistakes can weaken your estate plan and cause legal issues. Here are some common pitfalls to avoid:
- Failing to discuss your wishes – Your POA should fully understand your healthcare and financial preferences.
- Not updating your documents – Major life changes (marriage, divorce, moving to a new state) may require a new Power of Attorney.
- Choosing the wrong agent – Someone who is unreliable with money or prone to conflict may not be the best choice.
- Not making the POA “durable” – A durable Power of Attorney remains valid even if you become incapacitated. If your POA isn’t durable, it may become ineffective when you need it most.
Tip:
Review your estate plan every 3-5 years to ensure everything is up to date and aligned with your current needs.
How to Create a Power of Attorney in Arizona and New Mexico
Estate planning laws vary by state, so it’s important to follow the correct procedures in Arizona and New Mexico.
Steps to Establish a Power of Attorney:
- Consult an Estate Planning Attorney – A legal professional ensures your POA is valid and meets all state requirements.
- Discuss Your Choice with Your Agent – Make sure the person you select is willing and prepared to take on the responsibility.
- Sign and Notarize Your POA – Arizona and New Mexico have specific signing and notarization requirements for Power of Attorney documents.
- Review and Update Regularly – Your POA should reflect your current preferences and life situation.
Simon Kubiak
CEO of Walk-In Wills
Final Thoughts: Take Control of Your Future Today
The reality is simple: If you don’t have a Power of Attorney, the law—not you—will decide who makes important decisions for you.
By setting up a Power of Attorney as part of your estate plan, you ensure that:
- Your medical care follows your wishes.
- Your finances remain in trusted hands.
- Your family avoids legal battles and unnecessary stress.
Need Help Setting Up a Power of Attorney?
If you’re in Arizona or New Mexico, we’re here to help you secure your future with a legally sound Power of Attorney.
📞 Call us today at 480-470-7000 to schedule a consultation and take control of your estate planning!
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Walk-In Wills is poised and ready to help you safeguard the assets you’ve worked so hard for all your life. Schedule your free hour-long consultation today by calling (505) 903-7000. You can also find out more about our services by visiting us online. Our attorneys offer more than just help with estate planning. They also provide peace of mind to you and your family.