Why Every Senior Needs a Power of Attorney (And How to Choose the Right One)
Aging comes with its share of challenges—both expected and unexpected. While we can’t predict the future, we can plan for it. One of the most important legal documents every senior should have is a Power of Attorney (POA).
This single document ensures that someone you trust can step in and manage your affairs if you become unable to do so. Without it? Your family could be left struggling to make decisions, facing delays, or even needing court intervention to access accounts, make medical choices, or handle your estate.
If you or a loved one don’t have a POA in place, now is the time to take action. Let’s break down what it is, why it’s essential, and how to choose the right person for the job.
What Is a Power of Attorney?
A Power of Attorney (POA) is a legal document that allows someone (your “agent” or “attorney-in-fact”) to act on your behalf in financial, legal, or medical matters if you are unable to do so.
Think of it like a backup plan—a trusted person who can step in and make sure your finances, healthcare, and personal affairs are handled according to your wishes.
Why Every Senior Needs a POA
Many people believe a spouse or child can automatically make decisions for them—but that’s not always the case. Without a legal POA in place, your loved ones may have to go to court to get permission to manage your affairs if you become incapacitated.
Here’s why a POA is crucial for seniors:
Prevents Delays in Healthcare Decisions – If you have a Medical POA, your chosen agent can make medical decisions immediately instead of waiting for a court-appointed guardian.
Protects Your Finances & Bills – Without a Financial POA, family members may be unable to pay your bills, access bank accounts, or handle financial obligations if you are incapacitated.
Avoids Court-Ordered Guardianship – If you don’t have a POA, your family may have to go through a costly and time-consuming guardianship process to gain control of your affairs.
Ensures Your Wishes Are Followed – With a POA in place, YOU decide who manages your affairs—not the court.
Provides Peace of Mind – A POA ensures your family isn’t left scrambling in an emergency, wondering what you would want or who has the legal right to step in.
Types of Power of Attorney Every Senior Should Have
There are different types of POAs, but these two are the most important for seniors:
Financial Power of Attorney
Allows someone to handle financial matters (paying bills, managing investments, handling property transactions).
Can be Durable (effective even if you become incapacitated) or Non-Durable (ends if you become incapacitated).
Medical Power of Attorney
Grants a trusted person the legal ability to make healthcare decisions if you can’t communicate your wishes.
Works alongside a Living Will to ensure medical preferences are honored.
How to Choose the Right POA
Not everyone is the right fit to make decisions on your behalf. Choosing the right Power of Attorney agent is one of the most important decisions in your estate plan.
Here’s what to look for:
Trustworthiness – Your POA will have significant control over your finances or medical care. Choose someone responsible and who will respect your wishes.
Good Communication Skills – Your agent may need to interact with doctors, financial institutions, and legal professionals. They should be comfortable handling important conversations.
Location Matters – If possible, choose someone who lives nearby or is willing to travel when needed. Being present during a medical emergency or legal issue can make a big difference.
Financial & Legal Awareness – A POA should have basic financial or legal knowledge or be comfortable seeking guidance.
Not Easily Overwhelmed – Decisions about money and health can be emotionally and mentally taxing. Your POA should be someone who can stay calm and level-headed under pressure.
Pro Tip: We recommend naming two backup agents in case your first choice is unavailable when needed or an agent unexpectantly falls through.
When Should You Get a POA?
The best time to set up a Power of Attorney is NOW—before it’s needed.
Many people wait until a health crisis occurs, but by then, it may be too late to sign legal documents. Once a person becomes mentally or physically incapacitated, they can no longer legally sign a POA, and the family may have to go through expensive and time-consuming court proceedings to gain control over financial and medical decisions.
Don’t wait for an emergency—put a plan in place today.
Secure Your Future Today
If you or a loved one don’t have a Power of Attorney in place, now is the time to take action. At Ortego Law Firm, we focus in helping seniors and families set up strong estate plans that ensure their wishes are honored and their loved ones are protected.
Call Us: (832) 557-4593
Email: info@lawortego.com
Website: www.lawortego.com
Your future is worth planning for—let’s make sure your family has the protection they need.