Most people picture estate planning as something that kicks in after death — the will gets read, assets get distributed, and that's that. But there's a document that matters just as much while you're still alive, and it's one that far too many Brooklyn families skip entirely: the power of attorney.
No one likes to think about becoming incapacitated. A sudden stroke, a serious accident, early-onset dementia — these things happen to people of all ages, often without warning. If you haven't signed a power of attorney (POA) before that moment arrives, you've already lost your chance to control what happens next. And the fallout hits your family hard.
No one automatically has authority to step in — not even your spouse
This surprises most people. A common assumption is that a husband or wife can automatically manage their partner's finances if something goes wrong. Under New York law, that's not how it works. Without a valid, signed POA, no one — not a spouse, not an adult child, not a sibling — has automatic legal authority to access your bank accounts, pay your mortgage, manage your investments, or make your medical decisions.
The result? Everything freezes. Bills go unpaid. Mortgage payments lapse. Credit scores take damage. And the only way to fix it is to go to court.
The court process is expensive, slow, and public
When there's no POA and someone becomes incapacitated, a family member must petition for an Article 81 guardianship in New York — a formal legal proceeding where a judge appoints someone to manage the person's affairs. This isn't a quick fix. According to probatelawyerli.com, a 2026 breakdown of Article 81 guardianship costs in New York shows that even uncontested cases typically run between $5,000 and $12,000 in attorney's fees alone, plus court evaluator fees of $2,000 to $5,000 on top. If family members disagree about who should be appointed — and that happens more than you'd think — costs can easily exceed $15,000.
Beyond the money, there's the timeline. Weeks or months can pass while court papers move through the system. During that time, medical decisions stall, treatment may be delayed, and personal financial details become part of the public court record.
Worse, the judge decides who takes control. That person may not be who you would have chosen. In some cases, New York courts appoint a professional guardian — a stranger — rather than a family member.
This is the kind of situation that solid estate planning for your family is designed to prevent entirely.
Medical decisions get complicated fast
A financial POA covers money matters, but there's a separate and equally urgent issue around healthcare. Without a healthcare proxy (New York's version of a medical POA), your doctors may not be able to share information with your family due to HIPAA privacy rules. Even if your family can physically be in the room, they may have no legal authority to consent to surgery, authorize treatment, or make end-of-life decisions.
For families already dealing with the stress of a loved one's medical crisis, being locked out of those conversations is devastating. It also creates real delays in care — physicians often won't act on family input without legal authority backing it up.
If you want to understand the full scope of what healthcare directives cover, the Alatsas Law Firm offers educational resources on this topic as part of a broader approach to elder law and Medicaid planning.
Medicaid planning can become impossible
Here's a risk that catches many families off guard, especially those thinking about nursing home costs down the road. To qualify for Medicaid coverage of long-term care, certain asset transfers and planning strategies often need to happen before a person applies — sometimes years before, given Medicaid's five-year look-back period.
If a person becomes incapacitated without a POA, their agent can't make those asset transfers. A court-appointed guardian may be able to do some of this, but the process is cumbersome and slow, and courts don't always approve transfers that might look like asset-shielding strategies. By the time everything gets sorted out, the window for effective Medicaid planning may have closed — leaving a family on the hook for nursing home bills that can run $15,000 or more per month in the New York metro area.
This is one reason Medicaid qualification through estate planning works best when it starts early, well before a health crisis forces the issue.
A POA is especially urgent for dementia planning
There's an important legal window here that families often miss. A power of attorney can only be signed by someone who has legal capacity — meaning they must understand what they're signing and what authority they're granting. Once a person has been diagnosed with moderate or advanced dementia, that capacity may be gone.
This is why waiting until a parent starts showing signs of cognitive decline is so risky. By the time families realize there's a problem, it may already be too late to get a valid POA executed. If your family includes an aging parent, getting estate planning done for a loved one with dementia while they still have capacity is one of the most protective things you can do.
The fix is simpler than most people expect
A durable power of attorney and a healthcare proxy together form the backbone of any solid incapacity plan. These documents don't require litigation or complex legal structures. For most families, getting both documents properly drafted and executed takes one focused conversation with an attorney.
At Alatsas Law Firm, attorney Ted Alatsas has spent nearly 30 years helping Brooklyn, Queens, and Staten Island families get these documents in place — before a crisis forces the issue. The firm's approach is straightforward: understand each family's actual situation, explain the options clearly, and get the right documents signed.
Having a POA isn't a morbid exercise. It's simply deciding, on your own terms, who speaks for you when you can't speak for yourself. The alternative — letting a court decide — is a harder, more expensive, and far more uncertain path.
If your family doesn't have a power of attorney in place yet, now is the right time to change that. Reach out to Alatsas Law Firm to schedule a consultation and get peace of mind that your wishes will be honored when it matters most.
