What happens if I do not create a power of attorney?

If you do not create a power of attorney in North Carolina, you are still responsible for making decisions regarding your funds and health care for as long as you are able to do so. However, if you become incapacitated due to injury, illness, or age, a court may appoint a guardian to take control of your finances and health care decisions. This can be very expensive and time consuming for your family. Having a power of attorney in place allows you to select someone you trust to make decisions for you if you become unable to do so yourself. This person will be able to access your financial records and make financial and medical decisions on your behalf according to the powers and restrictions set forth in the power of attorney. This person could be a spouse, a friend, or a family member. Creating a power of attorney is a critical part of elder law in North Carolina. It ensures that your finances and medical decisions are made according to your wishes and protect you from court-appointed guardianship if you become unable to make decisions yourself. Without a power of attorney in place, your family and loved ones may not be able to access your finances or make decisions on your behalf if you become incapacitated.

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What happens if I do not create a power of attorney?

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