Written by Benjamin Kingsley

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.

Yes, you absolutely can refuse to have a power of attorney (POA). As an estate planning attorney, I can assure you that creating a power of attorney is a voluntary act. No one can force you to designate someone as your agent under a POA if you do not wish to do so.

It’s important to understand that a power of attorney is a powerful legal document that grants someone else (your agent) the authority to make decisions on your behalf. This can include financial decisions, healthcare choices, or both, depending on the type of POA. Given the significant authority conveyed by a POA, it’s crucial that you only create one if you feel comfortable doing so and trust the person you’re appointing as your agent.

However, while you have the right to refuse a POA, it’s worth considering the potential consequences of not having one in place. Without a POA, if you become incapacitated and unable to make decisions for yourself, your loved ones may need to go through a costly and time-consuming court process to be granted authority to manage your affairs. This process, known as guardianship or conservatorship, can be avoided with a properly executed POA.

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.