What Happens Without a Continuing POA?

The Alternative to a Continuing POA: Guardianship

When someone loses mental capacity without a continuing POA in place, the family faces an immediate legal crisis. No one — not even a spouse or adult child — has legal authority to access bank accounts, pay bills, make medical decisions, or manage property. The only solution is a court-appointed guardianship, which takes months, costs significantly, and places the person's affairs under ongoing court supervision.

A continuing POA costs a fraction of what a guardianship proceeding costs — and it gives you control over who makes decisions for you, and on what terms. Preparing one while you still have capacity is one of the most important things you can do for yourself and your family.