Most parents aim to establish a clear plan for ensuring their wishes regarding healthcare and financial matters are followed.
But what happens if your parents have a falling out with their children and remove everyone from their healthcare proxy and power of attorney (POA) documents?
This may seem like a distant issue. However, as Vincent J. Russo of the Russo Law Group recently told me, the reality is far more daunting. Without these crucial documents in place, chaos can unfold, particularly if your parent becomes incapacitated.
The Consequences of Being Removed from Healthcare Proxy and POA
Let’s start with the basics. A healthcare proxy allows someone (usually a trusted individual like a child or spouse) to make medical decisions for a person if they cannot make decisions themselves. A power of attorney gives a designated individual the authority to act on someone’s behalf for financial and legal matters.
Revoking these documents with no one named to replace the previous representatives creates a dangerous gap. If your parent unexpectedly falls ill or becomes incapacitated without designating someone else, the family will face serious legal and financial challenges.
What Happens if the Parent Becomes Incapacitated?
When a parent becomes incapacitated, and there’s no healthcare proxy or POA in place, someone will be forced to step forward to make decisions for them. However, the legal system doesn’t automatically assign a child or relative the right to take over. Instead, it requires going through a court process referred to as a guardianship proceeding.
The Guardianship Process
Guardianship is a court-supervised legal mechanism to appoint someone to act on behalf of an incapacitated person. While this may seem straightforward, it’s rarely easy—the process can be time-consuming, expensive, and emotionally draining. Here’s a breakdown of what to expect:
- Legal Proceedings: A family member (or another interested party) must file a petition in court to request guardianship.
- Proof of Incapacity: The court requires evidence of the person’s mental or physical incapacity, often involving doctors’ evaluations and court-appointed investigations.
- Court Decision: The court determines who is most suitable to serve as the guardian based on what it sees as the incapacitated person’s best interests.
The Costs of Guardianship
According to In the Legal Know attorney, Vincent J. Russo, the guardianship process is expensive. If the family is aligned and there’s no contention, the process might cost $10,000 or more. However, if the children or other family members are at odds over who is to serve as guardian, costs can quickly escalate. Contested guardianships can cost upward of $50,000 or more, draining family resources and adding to an already stressful situation.
Family Discord and Delays
One of the most significant risks in situations without a healthcare proxy or POA is the potential for Family disagreements. These disagreements can arise when siblings disagree on who should make decisions or when older siblings feel entitled to make choices. Family disputes can resurface. These conflicts not only drive-up costs but also delay critical medical or financial decisions, leaving the incapacitated parent in legal and logistical limbo.
Avoiding These Costly and Stressful Outcomes
The best way to avoid this nightmare scenario is for your parent to have appropriately executed documents well in advance. Here’s why this is so important:
- Ensuring Their Wishes Are Respected: A healthcare proxy and POA ensure your parent’s preferences are honored, whether it’s how they want to receive medical care or how their finances should be managed.
- Avoiding Guardianship: Having these documents eliminates the need for a guardian, saving your family thousands of dollars and months of legal headaches.
- Preventing Family Disputes: Clear documentation of your parent’s intentions can help prevent conflicts among siblings or other relatives.
Steps to Take Now
If your parent has removed everyone from their healthcare proxy and POA or hasn’t updated these documents in years, it’s time to have an honest conversation. Please encourage them to revisit their decision and consult an elder law attorney to update their plans. Elder law experts like Vincent J. Russo emphasize the importance of keeping these documents current and aligned with life changes.
Additionally, here are key measures your family can take to avoid the guardianship trap:
- Schedule a Legal Review: Encourage your parents to meet with an elder law lawyer to review their current plans.
- Communicate Openly: Discuss who they trust to serve as their healthcare proxy and POA. Make sure they understand the implications of leaving these roles unassigned.
- Act Quickly: Don’t wait. Life is unpredictable; without these documents, your family could face unnecessary struggles in a crisis.
Six Feet Under
The phrase “six feet under” may seem final, but when a parent removes everyone from their healthcare proxy and POA, the consequences hit long before they pass. If they become incapacitated without these vital documents, their life can literally be in jeopardy while families are left to deal with costly court battles, delays, and emotional discord.
These documents are for living and not for when you pass, said Mr. Russo.
Seeking professional help is the key to avoiding these challenges. Firms like the Russo Law Group can provide the expertise you need to create a successful plan, ensuring peace of mind for your parents and the entire family.
You can get more information on the Russo Law Group visit their website at: vjrussolaw.com.
