What You Think a Power of Attorney Does—and What It Actually Does

If you have ever thought about planning for your future, or helped someone else plan for theirs, you have probably heard the term power of attorney. But do you really know what it means?

The words themselves sound authoritative, but they often create confusion. Many people misunderstand what a power of attorney actually is, what powers it grants, and what responsibilities come with it. And no, it does not give someone a temporary law degree.

In this article, I will clear up some of the most common misconceptions about powers of attorney so you can better understand what it means to be named in that role. With that clarity, you will be better prepared to handle the legal responsibilities involved and less likely to make costly mistakes.

So let’s start with the basics: if a power of attorney does not make someone an attorney, why is it called that?

Understanding Power of Attorney

Generally speaking, a power of attorney is a legal document that gives someone else the authority to act on your behalf in financial matters. The phrase itself is a bit misleading and mostly survives for historical reasons. Originally, powers of attorney were commonly used to authorize lawyers to represent people in legal matters. Over time, the concept expanded, but the name remained.

So while someone named under a power of attorney does not need to be a lawyer, they are being given legal authority to act as your agent or representative.

Of course, most people do not like the idea of someone else stepping in to manage their financial life. But there are times when that kind of authority becomes essential to protect you and your assets. That may happen later in life, after a serious accident, during an illness, or even while you are simply out of the country for an extended period.

Without someone legally authorized to act for you, problems can escalate quickly. Bills may go unpaid. Taxes may be missed. Suspicious activity in your accounts may go unaddressed. Property issues can worsen. Credit can be damaged. In the worst cases, assets you spent a lifetime building can be put at unnecessary risk.

A power of attorney helps prevent those outcomes by making sure someone you trust has the legal authority to step in and manage your affairs when you cannot.

The Different Types of Power of Attorney

We don’t need to get too much in the weeds here (if you want to get in the weeds, though, read to the end and I’ll show you how to book a call with me), know that there are different types of powers of attorney, each with its own specific purpose. Here are some examples:

General Power of Attorney: This grants the agent broad authority to act on your behalf, including managing your finances and signing legal documents, even if you’re capable of handling your affairs. It becomes effective as soon as you execute the document. When might you want this? Say you travel for work and you and your spouse have decided to refinance your mortgage. You may want your spouse to sign the paperwork on your behalf, rather than waiting for a time you’re back in town.

Springing Power of Attorney: This also grants authority to someone to manage your financial and legal affairs. You can execute the document whenever you want, but it doesn’t kick in until you’re no longer able to make your own decisions.

Durable Power of Attorney: This is a type of general power of attorney that remains in effect even if you become incapacitated. Think of it as the General and Springing Powers of Attorney combined.

Limited Power of Attorney: This grants the agent authority to handle specific tasks only, such as managing your property or making healthcare decisions.

Healthcare Power of Attorney: This grants your named agent authority to make medical decisions on your behalf. 

Even though each of these documents operates differently, they all have one important thing in common: the agent’s power ends as soon as you die. 

Power of Attorney Ends With Death

You may mistakenly believe that a power of attorney gives someone the right to access your financial accounts indefinitely. However, this isn't the case. A power of attorney is a temporary arrangement that ends when the person who granted the power dies. What does this mean, exactly?

Let’s say your aging mother can no longer manage her affairs and she executed a Power of Attorney to give you the authority. While she’s living, you can access her bank accounts to make sure all her bills are paid, and paid on time. But as soon as she dies, you no longer have the legal authority to access any of her accounts. If she had a Will or no estate plan at all, you will have to file paperwork with the probate court and wait for the case to make it through the court system until the judge grants you authority again. In the meantime, if you can’t afford to cover her bills along with your own, you may have to make the difficult decision to let her bills go unpaid. If she still has a mortgage on her house, for instance, and you can’t pay her mortgage and yours, too, the bank could begin to fore lose, and you could lose any equity she had. This equity could have been a significant part of your inheritance. 

Going to court can be a frustrating and time-consuming process, and if you haven’t planned appropriately you can suffer negative consequences. But there’s a silver lining. You and your loved ones can avoid probate court, and maintain access to the other’s finances, if you create a Life & Legacy Plan.

The Good News

With some careful planning ahead of time, you can ensure all your bills get paid and your assets are preserved for your loved ones. The way to do that is by creating a Life & Legacy Plan with a living trust. A trust is a legal arrangement that allows you to transfer your assets to a trustee, who manages them for the benefit of your beneficiaries. Importantly, a trust survives your death, so there’s no disruption in the ability for someone to manage your finances after you die.

You may have seen ads on the internet, or maybe your financial advisor has offered to draft a trust for you. And you may have the impression that a trust is a simple document you can get for little to no money. But I want to empower you with some education before deciding to go one of these routes. A trust is a legal document with legal consequences, and even lawyers who’ve gone to law school, passed the bar, and practiced law for awhile find that trusts are more complicated than they first thought. If you draft a trust yourself or with someone who isn’t a lawyer who specializes in this area of the law, you’re taking a big chance with your money and your family. I see these cases often, and usually, the trust isn’t worth the paper it’s written on.

You owe it to yourself and your loved ones to ensure your power of attorney, trust, and related estate planning tools are created correctly and updated over time, and that you understand the benefits and consequences of your plan. 

When you work with me to create a Life & Legacy Plan, I’ll empower you with the education you need so you can make the right choices for yourself and your family, that you fully understand how your plan works, and that your family has my support after you’re gone.

How I Help You Preserve What Matters

Understanding the limitations of a power of attorney and the benefits of a trust is crucial for protecting your hard-earned assets. As your Personal Family LawyerⓇ Firm, we specialize in helping individuals like you create a Life & Legacy Plan that addresses your unique needs and provides peace of mind, no matter what happens. Once your plan is in place, you can rest easy knowing that your wishes will be honored, your loved ones cared for, and your property protected.

Click here to schedule a complimentary 15-minute consultation to learn more and start your journey toward a secure financial future.