What is a Power of Attorney and Why Might You Need One?

A power of attorney (POA) is a legal document that allows you to choose someone you trust, called your “agent,” to make decisions on your behalf if you become unable to do so yourself. There are different types of POAs, but the two most common in estate planning are financial and medical. A financial POA lets your agent manage money matters like paying bills, accessing accounts, or selling property. A medical POA, sometimes called a health care proxy, allows your agent to make decisions about your medical treatment if you’re too sick or injured to speak for yourself.

Having your powers of attorney in place can give you peace of mind that someone you trust will be able to act quickly in an emergency, without needing court approval. They are an essential part of any estate plan and are especially important for aging adults, people with chronic health conditions, or anyone who wants to plan ahead. In Montana, powers of attorney can be customized to give broad or limited powers, and you can choose when the authority begins—immediately or only if you become incapacitated.

However, POAs do have limitations. They only last while you are alive, and they must be created while you are still mentally capable. Not all institutions recognize out-of-date or poorly drafted POAs, which is why it's important to work with an experienced Montana estate planning lawyer. At Dale & Van Horn Law in Helena,Montana we help clients create clear, durable powers of attorney that work when they’re needed most. Whether you're planning for the unexpected or updating older documents, we’re here to make the process understandable and effective.

Book an appointment today to speak with one of our attorneys to see if a power of attorney could be right for you.