The Legal Nightmare No One Talks About
Imagine you’re in an accident or fall seriously ill and can’t make decisions for yourself. You assume your spouse or adult child could step in and handle your finances or speak with your doctor. But unless you’ve signed legal documents ahead of time, they can’t.
This is where a durable power of attorney and healthcare directive come into play—and why skipping them can lead to financial and legal chaos.
What Is a Power of Attorney?
A durable power of attorney is a legal document that gives someone (your agent) the authority to act on your behalf if you become incapacitated. That includes:
- Managing your bank accounts
- Paying your bills
- Handling investments or real estate
- Making legal and financial decisions
Without it, even your closest family members may be powerless to act without court approval.
Why a Healthcare Directive Is Just As Important
While a power of attorney covers your financial affairs, a healthcare directive or medical power of attorney allows someone to make medical decisions for you if you’re unable to communicate.
This includes:
- Approving surgeries or treatments
- Accessing your medical records
- Deciding on end-of-life care
- Carrying out your preferences for resuscitation, life support, or organ donation
Without this document, your family may have to go to court to get permission—delaying care and increasing emotional stress during a critical time.
The Court Process: Guardianship and Conservatorship
If you don’t have these documents, your loved ones may be forced to file for guardianship or conservatorship. This is a court-supervised process where a judge decides who can make decisions for you.
It’s expensive, time-consuming, and public. And it could result in someone you wouldn’t choose gaining control of your finances or healthcare.
These proceedings can drag on for months, cost thousands in legal fees, and leave your family in limbo when immediate decisions need to be made.
Why Every Adult Needs These Documents—Not Just Seniors
Incapacity isn’t just an issue for older adults. Accidents, strokes, and sudden illness can strike anyone. Without a plan, your spouse, parents, or adult children may be blocked from helping you.
These documents should be part of every estate plan, even for young adults, newlyweds, and new parents. They’re not just about death—they’re about protecting your life and independence.
The Most Common Misunderstandings
“I have a will, so I’m covered.”
Wills only take effect after death. They don’t authorize anyone to act on your behalf while you’re still alive.
“My spouse can just handle things.”
Not without legal authority. Banks, hospitals, and government agencies won’t speak to someone just because they’re family.
“I’ll deal with it later.”
Later may be too late. These documents must be signed while you’re mentally competent. If you’re already incapacitated, it’s no longer an option.
What’s Included in a Complete Incapacity Plan
At MB Wealth Advisors, we help you create:
- Durable Power of Attorney – For financial and legal matters
- Medical Power of Attorney – To designate a healthcare agent
- Living Will – To spell out your treatment preferences
- HIPAA Authorization – To give access to your medical records
You’ll name trusted individuals, set clear limits if desired, and have peace of mind knowing your wishes will be respected.
Easy, Affordable, and Legally Valid
Through our digital estate planning platform, these documents can be created quickly and securely. The process is guided, attorney-approved, and valid in all 50 states.
No long appointments. No legal jargon. Just the protection you need—delivered efficiently and affordably.
Protect Yourself and the People You Love
If you became incapacitated tomorrow, would someone you trust be legally allowed to help you? If the answer is no—or you’re not sure—it’s time to fix that.
Let us help you create a plan that covers more than just inheritance. Estate planning is also about protecting your independence, your health, and your loved ones.
Visit our Estate Planning Services to learn more or call (704) 584-9363. You can also get started now by filling out our secure contact form at mbwealthadvisors.com/contact/#connect.