When the Unexpected Happens: Why Powers of Attorney Matter More Than You Think

It starts like any other day. You’re answering emails, pouring your morning coffee, maybe even thinking about dinner later… and then the phone rings with a message you hoped to never hear. A loved one is unconscious and has been rushed to the hospital. Your adrenaline spikes, and you drop everything and go. But once you arrive, reality sets in with a question you didn’t expect:

“Do you have power of attorney?”

You don’t.

And suddenly, you’re not a worried spouse, parent, or partner. You’re a bystander.

The Power You Didn’t Know You Needed

Few people think about powers of attorney until they’re married, have children, or have a medical condition – which can often lead to waiting until it’s too late. We assume that, as a spouse, a parent, or a business partner, we’ll automatically be able to step in when something goes wrong. But the truth is, the law doesn’t work that way.

Spouses don’t have an automatic right to access each other’s medical information.
Parents can’t make healthcare decisions for an adult child, even a college student.
Business partners can’t legally act for each other without express authorization.

Once a person reaches the age of majority, they are legally the only one who can make decisions for themselves, unless they’ve named someone to act on their behalf through a durable power of attorney.

At the Mercy of the Court

When there’s no power of attorney in place, an individual, including a parent, must file for a guardianship or conservatorship with the probate court. These formal legal processes can take months to complete, which means no one can act on your behalf personally, or in relation to your business.

And once the court is involved, so is court oversight. The decisions made on behalf of the individual are under the scrutiny of the court, including whether your business remains open or not.

Potential issues include:

Payroll is due, but you can’t access the company’s accounts.
A contract needs a signature, but no one has legal authority.
A vendor issue escalates, but no one can intervene.

Without a durable power of attorney, even routine business operations can grind to a halt. As a society, we don’t like to discuss the possibility of losing control of our own decisions. But failing to carefully plan could leave decisions in the hands of someone the business owner would have never considered, or someone who knows nothing about the day-to-day affairs of the business.

Who Will Make the Right Call If You Can’t?

Estate planning isn’t just about death, but also when the unexpected strikes. A sudden illness, a car accident, a complication during surgery… when control slips away, who do you want stepping in?

That’s the question powers of attorney are designed to answer.

A durable power of attorney for finances and legal affairs allows you to name someone you trust to handle your financial matters, whether that means managing real estate, signing contracts, or overseeing a business. A durable power of attorney for healthcare designates someone to make medical decisions if you’re unable to do so.

With these documents in place, you choose your decision-maker. Not the court.

Protect Yourself, Your Business, and Your Loved Ones

The truth is, you may never need to rely on your powers of attorney. But if you do, and if you don’t have them, your loved ones could face not just an emergency, but a legal battle.

Estate planning is about more than transferring wealth. It’s about protecting what matters most: your family, your business, and your peace of mind.

Don’t wait for the phone to ring.