Why not having a power of attorney could be a mistake

A power of attorney (POA) is an essential document for Texans, offering crucial protections and peace of mind. 

Without one, unexpected events could create significant obstacles, putting families and individuals at risk.

Unexpected situations and limited control

Life is unpredictable, and anyone can experience an illness, injury or other circumstances that may lead to incapacity. If you don’t have a power of attorney in place, there’s no one legally empowered to manage your financial, legal or medical matters. 

This could mean that in an emergency, even close family members may be unable to handle tasks such as accessing bank accounts, paying bills or making important health decisions on your behalf.

Avoiding a lengthy guardianship process

In Texas, when someone becomes incapacitated without a power of attorney, loved ones often have to turn to the court for a guardianship proceeding. This process can be time-consuming, costly and invasive. 

Appointing a guardian requires a court’s approval, and the person selected may not be the one you would have chosen. A power of attorney can prevent this by giving someone you trust the ability to step in immediately if necessary.

Protecting your assets and wishes

A power of attorney allows you to assign specific responsibilities to a trusted person, enabling them to manage assets, settle debts or handle other personal matters. Without this document, your assets may be left vulnerable or mismanaged, as no one has the legal authority to act on your behalf. 

Additionally, having a power of attorney ensures that your values and preferences guide any decisions made during your incapacity, preserving your autonomy even when you can’t speak for yourself.

Financial and emotional costs

Beyond the legal challenges, not having a power of attorney can impose financial burdens and emotional stress on loved ones, who may have to navigate complicated processes without clear guidance. A power of attorney is a simple way to protect your interests and provide your family with security and direction in uncertain times.

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