Over the years, I have received many questions from clients and others regarding powers of attorney. A common question is, “Who will make financial and health care decisions for me if I become incapacitated?”
If you do not have power of attorney documents in place for both finances and health care, and if you were to become mentally incapacitated, your loved ones would need to initiate a guardianship proceeding in court. A judge would then decide who should be legally appointed to manage your finances, and who should be legally appointed to make health care decisions for you. If you would like to avoid this court proceeding, and decide for yourself who should serve as your financial agent and health care agent, then you should make sure you have appropriate estate planning documents in place.