What if You Fail To Have a Power of Attorney or Advance Medical Directive?

So long as you are physically and mentally competent to handle all of your financial affairs and to make health care decisions for yourself, you do not need anyone to make these decisions for you.

However, if you are not capable of handling your financial affairs or making health care decisions due to illness, a serious injury, or dementia, someone has to be able to pay your bills, manage your assets, authorize your doctors to perform treatments, and to arrange for your long term care, if necessary.

If you are married, that person will most likely be your spouse. But the ability of your spouse to act on your behalf may be limited unless he or she has authorization.

When these situations occur, a member of your family will have to petition the circuit court seeking appointment as your Guardian and as Conservator.

The Court’s order will specify what authority your Guardian will have to make personal care decisions for you, including authorizing medical procedures and arranging for your long term care in an assisted living facility or nursing home. The guardian will file periodic reports with the Department of Social Services.

The order will also specify what authority your Conservator (who may be the same person as your guardian) will have to collect retirement, investment and other income for you, including public benefits, if any, pay your bills, sell your assets and otherwise administer your financial affairs. The conservator will file an inventory and periodic accountings with the Commissioner of Accounts.

Many of the powers of your guardian and conservator will be what you might include in an advance medical directive and power of attorney. But you will not be able to choose the person who the court will appoint. And you will not be able to set limits or conditions on the authority granted to these agents.