The Connection Between Power of Attorney (POA) and Wills

Power of Attorney (POA) and wills are essential legal tools that serve distinct purposes in estate planning, but they are interconnected in ensuring comprehensive management and distribution of assets during a person’s lifetime and after their passing. Understanding how each contributes to end-of-life decisions and how they can complement each other is important when planning your estate.

What is a Power of Attorney (POA)?

A Power of Attorney is a legal document that grants an individual (the agent or attorney-in-fact) the authority to act on behalf of another person (the principal) in financial, legal, or healthcare matters. There are different types of POAs:

• Financial or General Power of Attorney: This type allows the agent to manage financial and legal affairs on behalf of the principal, such as handling bank accounts, paying bills, managing investments and entering into contracts.
• Healthcare or Medical Power of Attorney: This authorizes the agent to make medical decisions for the principal if they are unable to do so due to incapacitation. It includes decisions about treatment options, surgeries and end-of-life care.

A POA is active during the principal’s lifetime and becomes invalid upon their death. It is crucial to have a POA in place to ensure someone can manage your affairs if you become incapacitated, avoiding the need for court-appointed guardianship, which can be costly and time-consuming.

Connection Between Power of Attorney and Wills

While a Power of Attorney operates during a person’s lifetime, a will comes into effect upon their death. However, they are connected in several ways:

• Continuity of Management: If the principal becomes incapacitated and has a durable power of attorney in place, the agent can continue managing their affairs without interruption. This seamless transition avoids financial or legal disruptions during incapacity.
• Executorship and POA: In some cases, the person designated as the executor in a will might also serve as the agent in the Power of Attorney. This alignment ensures continuity and consistency in managing the principal’s affairs both during their lifetime and after their passing, which is possible at Turner Law.
• Estate Planning Coordination: The agent under the POA and the executor named in the will often collaborate to ensure the smooth administration and distribution of the estate. The agent may assist in managing assets during the principal’s lifetime, while the executor executes the provisions of the will after the principal’s death.
• Guardianship Considerations: If a person becomes incapacitated without a Power of Attorney in place, the court may appoint a guardian to manage their affairs. Similarly, if someone passes away without a will, the court may appoint an administrator to distribute their assets. Having these legal documents in place avoids the need for court intervention and allows individuals to choose who will manage their affairs or execute their estate.

While a Power of Attorney and a will serve distinct functions, they complement each other in ensuring comprehensive estate planning. They address different stages of life—POA for management during incapacity and the will for asset distribution after death—providing peace of mind and ensuring a well-coordinated approach to managing one’s affairs and estate. Our legal team at Turner Law can help individuals create these documents tailored to their specific needs and circumstances. To learn more about all elements of estate planning, contact our office in Decatur, GA, to schedule a POA or will consultation.

Posted on the behalf of Turner Law, LLC