Avoiding Guardianship Court: Why a Power of Attorney Matters More Than You Think

When most people think about estate planning, they picture wills or trusts. But one of the most impactful documents—especially in a crisis—is often the most overlooked: the Power of Attorney.

A Power of Attorney (POA) allows you to appoint someone you trust to make financial or medical decisions on your behalf if you become unable to do so. It’s a simple legal step that can spare your family from significant stress down the road.

Without a POA, Guardianship May Be the Only Option

If you haven’t named a power of attorney and something happens—like a stroke, a serious accident, or cognitive decline—your loved ones may have to go to probate court to seek guardianship or conservatorship. This means asking a judge for permission to manage your medical care or finances.

That process is often:

• Slow – It can take weeks or even months to be approved by the court.
• Expensive – Legal fees, court costs, and filing requirements add up quickly.
• Public–Private family matters are open to court scrutiny.
• Stressful – It can create tension between relatives or leave your care in the hands of someone you wouldn’t have chosen.
  

All of this can be avoided with a properly structured Power of Attorney.

What Makes a Power of Attorney “Proper”?

Not all POAs are created equal. Some are too broad, others too vague. Some don’t meet requirements in other states or aren’t accepted by financial institutions.

A strong, durable POA should:

• Clearly define what powers are granted and when they take effect
• Name trusted individuals who understand your wishes
• Include provisions for financial institutions, real estate, digital assets, and more
• Be updated as life, laws, and relationships change
  

At Rutkowski Law Firm, we focus on crafting POAs that work when life is most complicated—not just when it’s smooth sailing.

Why This Matters for Michigan Families

Whether you're a caregiver, an adult child, or preparing your own plan, having POA documents in place protects both your wishes and your family. In Michigan, where the probate process can be time-consuming, a POA is one of the most important tools for maintaining independence and control—without court involvement.

Ready to Take the First Step?

A proper Power of Attorney ensures your loved ones can act quickly and confidently if something unexpected happens. Don’t leave it up to a judge. Let’s make sure your decisions stay with the people you trust.