When a Crisis Hits: Why a Power of Attorney Is One of the Most Important Documents You Can Have
In our work, we occasionally encounter situations that highlight just how vulnerable families can be when the unexpected happens.
One scenario we have seen before involved a married couple with young children. Life was busy and full—careers, school activities, everyday responsibilities—until a sudden medical emergency changed everything. The husband suffered a severe stroke and became unresponsive in the hospital. In the midst of fear and uncertainty, his spouse was faced with another overwhelming reality: she did not have the legal authority to manage his affairs.
A Common (and Risky) Assumption
Many people assume that being married automatically gives them the right to act on behalf of their spouse. Unfortunately, under New York law, that simply isn’t true.
Without a Power of Attorney, a spouse may be unable to:
Access or manage certain bank accounts
Pay bills or handle household finances
Sign legal or financial documents
Address time-sensitive matters related to insurance or benefits
When no Power of Attorney exists, families are often left with only one option: asking the Court to appoint a guardian.
When Court Becomes the Only Option
In these situations, families may need to pursue an emergency guardianship proceeding in order to gain authority to act.
Guardianship is not quick or simple. It typically involves:
Filing formal paperwork with the court
Providing medical proof of incapacity
Appearing before a judge
Ongoing court oversight once a guardian is appointed
While these proceedings can be requested on an emergency basis, they still take time - time during which bills are due and urgent decisions can’t wait.
How a Power of Attorney Could Have Helped
A Power of Attorney allows you to name someone you trust, often a spouse or adult child, to handle financial and legal matters if you are unable to do so.
Had a Power of Attorney been in place in situations like this, the spouse could have:
Immediately paid bills and managed finances
Signed necessary documents without delay
Kept the household running smoothly
Avoided court involvement altogether
Instead of navigating legal procedures, families could focus on what truly matters: their loved one’s care and their children’s stability.
This Can Happen at Any Age
These situations are not limited to older adults. Medical emergencies, accidents, and sudden illnesses can happen at any stage of life. A Power of Attorney isn’t about planning for death, it’s about planning for incapacity and making sure your family isn’t left without options during a crisis.
A Small Step That Makes a Big Difference
Creating a Power of Attorney can be:
Straightforward
Cost-effective
Tailored to your wishes and circumstances
A Power of Attorney can spare your family significant stress, delay, and expense during an already difficult time.
Do I Need an Attorney to Create my Power of Attorney?
Each state has its own laws and form for a Power of Attorney. In New York there are specific modifications that should be made to a Power of Attorney that can make a significant difference in how useful and effective the document is during a real-life crisis.
A skilled estate planning attorney will make recommendations and modifications based on your family and asset situation – whether that means addressing real estate, business interests, gifting authority, or long-term planning needs.
Just as importantly, a Power of Attorney must be executed correctly. New York law has strict requirements regarding how the document is initialed, signed, and witnessed. If those steps are not followed precisely, the document may be rejected when it is needed most.
Working with an attorney helps ensure your Power of Attorney is not only legally valid, but actually works when your family needs it.
A Question Worth Asking
If something unexpected happened tomorrow, would the person you trust most be able to step in and help right away?
If the answer is unclear, it may be time to review or put a Power of Attorney in place. Thoughtful planning today can make an enormous difference when life takes an unexpected turn.