A POA only works if it’s signed before you need it.
The Situation
This one I’ve seen play out more times than I can count with West Palm Beach families. A loved one suffers a stroke or another sudden medical event. They’re alive, but they can no longer reliably understand or sign legal documents. The family calls, understandably in a panic, wanting to get a power of attorney in place so they can manage bills, medical decisions, and property.
Why It’s Suddenly Off the Table
A power of attorney requires the person signing it to have legal capacity: the ability to understand what they’re signing and what it does. Once that capacity is gone, even temporarily or partially, a simple POA is no longer an option, no matter how urgently the family needs one.
The Cost of Waiting
Instead of a straightforward document that could have been signed in an afternoon, the family now has to petition guardianship court. That means a slower process, real legal expense, court oversight, and a judge, at least initially, deciding who is authorized to act, rather than the family simply stepping in.
The Lesson
A power of attorney costs very little to put in place and can cost your family everything in a crisis if it isn’t. It’s one of those documents you sign hoping you’ll never need, but the day you need it is exactly the day it may be too late to get.
| If you or a parent doesn’t have a power of attorney in place, that’s worth handling now, while it’s simple. Schedule a virtual consultation with Loughlin Law, P.A., serving West Palm Beach and all of Florida. |
