What Happens If You Become Incapacitated Without a Plan?

Without a power of attorney or health care proxy, your loved ones may face court proceedings to make decisions on your behalf. Learn how to avoid a guardianship in New York.

We often think of estate planning as preparing for what happens after we die—but what if you become unable to make decisions while still alive? Without proper planning, incapacity can create a legal crisis for your loved ones.

No Power of Attorney? Court May Step In

If you become mentally or physically incapacitated (due to illness, injury, or aging) and you haven’t signed a Durable Power of Attorney, no one—not even your spouse or children—can automatically manage your financial affairs.

In that case, your family may need to petition the court for a legal guardianship, which can be:

• Time-consuming

• Expensive

• Public and stressful

  
  

No Health Care Proxy? Medical Decisions May Be Delayed

Without a Health Care Proxy, doctors may have no clear authority to follow your wishes or turn to the person you would have chosen. In some cases, medical providers may make decisions based on hospital policy or require court approval.

Plan Ahead, Stay in Control

Simple documents like a Power of Attorney and Health Care Proxy ensure that trusted individuals can step in immediately to manage your affairs and carry out your wishes—without court involvement.

Contact The Law Office of Jin-Wook Kim, P.C. today to put a plan in place that protects you and your family in the event of incapacity. We help clients across Long Island and New York plan with peace of mind.