With a power of attorney, your family might avoid a long and challenging process if they need to manage your affairs. In Georgia, if you cannot make decisions due to illness or injury, your family may have to file a petition for conservatorship in probate court. This process can take up to eight weeks or more, leaving your affairs in limbo. A power of attorney (POA) can prevent this, allowing a trusted person to make important decisions on your behalf.
Understanding the importance of a power of attorney
A power of attorney is a legal document by which you appoint someone to handle your affairs if you cannot. This person, your agent, can manage your finances, pay bills, or make healthcare decisions. Many people include a POA in their estate planning to prepare for unexpected situations like accidents or illnesses.
Having a POA is not just for when you are ill or incapacitated. People living abroad, military personnel, or frequent travelers might need someone to manage their affairs at home. Business owners may need someone to handle business transactions if they are unavailable.
Avoiding the complications of conservatorship
If you do not have a power of attorney and cannot make decisions, your family may need to ask a court to appoint a conservator. This process can be lengthy, costly, and emotionally taxing. It involves proving your incapacity and can take weeks or even months. During this time, important decisions about your health and finances might be delayed, potentially causing further complications.
A power of attorney allows you to avoid this by designating someone to step in immediately when needed. This person can act in your best interest without waiting for court approval.
Seeking legal help
Creating a power of attorney involves essential decisions, and it is crucial to get it right. Seeking legal help can help you understand the different types of powers you can grant and guide you in choosing the right person as your agent.
Consider setting up a power of attorney to protect yourself and your family. It is a simple yet powerful tool that ensures someone you trust manages your affairs according to your wishes, without unnecessary legal hurdles.
