Who needs a power of attorney?
The short answer: everyone. Even married couples. Many people assume that being married automatically grants them the authority to handle their spouse's financial affairs — but in Phoenix, and in every other state, that's simply not the case. A power of attorney is the document that lets a trusted agent step in and manage your finances when you cannot.
The Common Misconception
Marriage is not a power of attorney.
Most married couples assume they have automatic authority to handle financial transactions on each other's behalf. They don't. While a spouse can manage a jointly held bank account because both names are on it, there are many shared assets where joint title alone is not enough. A home is the clearest example: even if both spouses appear on the title, neither can sell the home without a power of attorney specifically authorizing that spouse to act.
The same is true for retirement accounts, life insurance policies, and other assets that are individually owned or that require the account holder's personal action. Without a power of attorney in place, one spouse cannot manage those accounts on behalf of the other — even when the need is urgent and the marriage has lasted decades.
What Happens Without One
Guardianship — expensive, slow, and public.
When there's no power of attorney and a loved one becomes incapacitated, the family's only option is to file for guardianship and conservatorship through the court. This is an expensive process that takes time, requires attorneys, involves court appearances, and produces a public record. Worst of all, it almost always happens during an already devastating emotional moment — when a spouse has just suffered a stroke, an accident, or a sudden illness.
A power of attorney prevents all of that. It's a simple document that takes minutes to sign and can save your family thousands of dollars and months of stress. If there is one document we recommend every adult put in place — married or single, young or old — this is it.
Ready when you are
Don't leave your family to the courts.
Schedule a flat-fee estate planning session to put a durable power of attorney in place — simple, fast, and one of the most important documents you'll ever sign.