What Happens When You Don’t Have a Power of Attorney?

August 4, 2022

We tend to think about estate planning as something we should do in anticipation of the inevitable, but it's important to also think of it as planning for the unpredictable.


Not everyone who suffers a massive stroke will have a history of hypertension; quite a few people are completely blindsided by sudden cerebrovascular events that leave them incapacitated or with slim chances of recovery.


With this in mind, you certainly will not want your loved ones to deal with a stroke in the family and a lack of a proper POA to handle various affairs.

If you are able to make it through a stroke partially paralyzed, chances are that you will have a nice shot at recovery. With the right medications plus many sessions of physical, speech, and cognitive therapy, you could recover to a state in which you can read and sign estate documents such as POAs, wills, trusts, advanced directives, vesting of property, title transfers, and others.


Let’s say your stroke was the serious kind that constricts blood flow to the brain. This means chances of recovering are sharply reduced, and you may also be left with onset dementia caused by neurological damage, which means that you would not be able to understand any aspect of estate planning at all.


You will not be personally affected by the lack of a POA because of your reduced cognitive capacity; but, your loved ones and caretakers will certainly be affected.


Without a POA, your loved ones will likely not have the means to access your accounts, pay your debts, or even come near your assets. If they need to pay for medical expenses, or if they are going out of pocket while taking care of you, the absence of a POA will make their lives extremely difficult and stressful.


A POA executed for emergency situations can make life less chaotic for those you really care about. With the help of an estate planning lawyer, you can avoid all those unpleasant situations that often happen when you least expect them.

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As a blog exclusive, we also have some free estate planning resources for you! View our life planning guide and our estate planning checklist below to either begin your estate planning or check to be sure you're up-to-date on your documents.

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Sivia Law presents a six-step checklist to create your own “Life Planning Guide.” This guide helps you advise your loved ones so that they can honor your wishes for your health care desires as well as for the distribution of your estate. 


Click here to learn more!

When it comes to planning your estate, having a checklist and important documents in hand is a key part of the process.


Click here to get started with your estate planning checklist!

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If you need help with estate planning or any other legal concerns, we are here for you. Don't hesitate to contact our firm directly for assistance. Our dedicated team is ready to provide support and guidance to you and your loved ones during important life transitions.


Whether you're ready to schedule a strategy session to discuss your specific needs or if you're interested in exploring our wide range of complimentary guides and additional resources, we encourage you to get in touch with us.


With licensed attorneys and offices located in both Illinois and Missouri, we are well-equipped to serve clients in these regions. Reach out to us today and let us leverage our expertise and care to guide you through the legal process.

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