Why You Need a Durable Power of Attorney (Before It’s Too Late)

If you fall into a coma tomorrow, who pays your mortgage? Without a “Durable” Power of Attorney, even your spouse cannot access your individual bank accounts. Here is why this document is more important than a Will.

BMT Legal Research Team BMT Legal Research Team · 📅 Jan 2026 · ⏱️ 5 min read · LEGAL › ESTATE
POA Cost
~$200
Private SetupCheap
Court Cost
$5,000+
If No POAExpensive
Status
Durable
Survives ComaCrucial

The Cost of Doing Nothing

Many people think, “I don’t need this, I’m young.” But accidents happen. Compare the two paths below.

Factor With Durable POA Without POA (Guardianship)
Control You choose Agent Judge chooses Guardian
Time to Act Immediate 3 – 6 Months
Cost $100 – $300 $5,000 – $10,000
Privacy Private Document Public Court Record
What is “Guardianship”?
A legal process where a court declares you incompetent and appoints someone (Conservator) to manage your life. It is humiliating, expensive, and completely avoidable with a POA.
Access to Bank Accounts
With POA Instant
Agent walks into bank with paper.
Without POA Frozen
Accounts locked until court order.
Joint Accounts Partial
Only covers shared money, not IRA/401k.
ScenarioResult
Car AccidentNeed Medical POA
DementiaNeed Financial POA

You Need Both of These

A single document usually doesn’t cover everything. You typically need two separate forms.

1. Financial Durable POA

This allows your “Agent” to pay your bills, file your taxes, manage your investments, and sell your house if necessary.
Critical Keyword: It must be “Durable.” This means it stays valid even if you become incapacitated. A non-durable POA expires the moment you pass out—making it useless in an emergency.

2. Medical POA (Healthcare Proxy)

This allows your “Agent” to make medical decisions: surgery options, medication, and life support.
Note: This is often combined with a “Living Will” (Advance Directive), which states your wishes regarding life support.

When Does It Start?

You have a choice on when the power kicks in.

  • Immediate POA: Your Agent can manage your money right now, even while you are healthy. (Recommended for spouses).
  • Springing POA: Only becomes active after two doctors certify that you are incapacitated. (Good for privacy, but can cause delays in emergencies).

Which is better?

Most lawyers recommend Immediate. “Springing” POAs can be a nightmare because banks often refuse to accept the doctors’ notes or require updated ones every 30 days. Trust is key—pick an Agent you trust implicitly.

Frequently Asked Questions

Does a POA work after death?
NO. A POA expires the moment you die. After death, the “Executor” named in your Will takes over. The POA Agent cannot pay for your funeral unless they are also the Executor.
Can I download a form online?
Yes (e.g., LegalZoom, RocketLawyer), but be careful. Each state has very specific formatting and witness requirements (Notary + 2 Witnesses). If you mess up the signature page, banks will reject it.