Black woman calling from hospital bedside while her mother recovers from a stroke, seeking guidance about a power of attorney

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“My Mom Had a Stroke Yesterday. Can We Get a Power of Attorney?”

A medical emergency can change everything in an instant.

This week, my office received a call that began with a question I wish families never had to ask: “My mom had a stroke yesterday. Can we get a Power of Attorney?” Unfortunately, we have been receiving more calls like this from adult children and other loved ones who are suddenly trying to make important decisions for someone who can no longer make them independently.

Estate Planning Is Not Crisis Planning

Many people assume that estate planning is something they can take care of after a medical emergency occurs. They believe that if a parent becomes seriously ill, the family can simply contact an attorney and have a Power of Attorney, trust, or other documents prepared immediately.

But there is an important legal requirement that families often don’t realize until it’s too late.

The person creating an estate planning document must generally have the legal capacity to understand what they are signing and the decisions they are making.

A Power of Attorney, for example, isn’t something an adult child can simply obtain for a parent. It is a document that the parent must create while they still have the capacity to understand the authority they are giving another person.

If that capacity has already been lost, creating new documents may no longer be an option.

What Happens When It’s Too Late?

When someone can no longer make their own legal or financial decisions, their family may be left with limited options.

Depending on the circumstances, the family may need to ask a court to appoint a guardian. Guardianship can provide important legal protection, but it can also involve significant time, expense, paperwork, and ongoing court involvement.

Perhaps most difficult of all, family members may find themselves navigating these decisions in the midst of an already emotional and stressful medical crisis.

That is precisely what proactive estate planning is designed to help prevent.

Plan Before the Crisis

Estate planning is pre-crisis planning.

It means having important conversations and putting appropriate documents in place while your loved one can still make informed decisions.

A well-designed plan can address questions such as:

Who should be able to make financial decisions if your loved one cannot?
Who should communicate with healthcare providers?
What medical care would your loved one want?
Who should manage property and financial affairs?
What should happen to assets if your loved one passes away?

These are not questions you want your family answering for the first time in an emergency.

Don’t Wait Until You Need the Documents

If you are helping an aging parent or another loved one, don’t wait for the stroke, the accident, or the diagnosis before beginning the conversation.

The goal isn’t to anticipate every possible crisis. It’s to make sure your loved one has the opportunity to make their own choices before a crisis takes that opportunity away.

At the Law Offices of Elsa W. Smith, LLC we help families in Maryland and the District of Columbia understand their estate planning options and create plans tailored to their circumstances.

If you are concerned about an aging parent or loved one, schedule a 15-minute complimentary assessment call with a member of our team. Planning today can give your family something incredibly valuable tomorrow: clarity, authority, and peace of mind.

Information in this article is provided for educational purposes only and not intended to constitute legal advice. Please consult with a licensed attorney in your jurisdiction for help with your specific situation.