A medical or healthcare power of attorney is an important document to have as part of an estate plan, but many people neglect to create one for themselves while healthy.  Unfortunately, many people do not realize they need a power of attorney until the point that an accident or unexpected medical emergency occurs.  At this point, the person needing to grant a power of attorney lacks the capacity (due to injury, medical emergency, illness, or incompetence) to create such a document.  Most states allow family members to make decisions on behalf of an incapacitated or incompetent individual in the absence of a healthcare power of attorney or guardian of the person being appointed.

However, this can create issue if there is disagreement within the family, if you don't trust certain family members to make decisions on your behalf, and/or if your spouse is incapacitated as well. Unfortunately, if a loved one is incapacitated or incompetent without a power of attorney in place and there is dispute as to who should make decisions for them, the main legal remedy is to have a guardian of the person appointed through a court proceeding.  We can help represent your interests in a guardianship proceeding.  To learn more about guardianship, the process involved, and the resulting consequences, visit our guardianship page.