The Two Estate Planning Documents Every Adult in Pennsylvania Should Have
- Ashley Sharek
- 9 hours ago
- 7 min read
Most people assume they do not need an estate plan until they are older, until they are sick, or until a crisis forces them to act. The problem is that a crisis is often the moment families discover they do not have the legal authority to help.
A serious illness, a fall, a stroke, or an unexpected hospitalization can instantly change what your family needs to do. Bills still need to be paid. Doctors still need answers. Decisions still need to be made. When you cannot speak for yourself or manage your affairs, the people who love you may be unable to step in without the right legal documents.
If you want to protect your family from delays, confusion, and unnecessary court involvement, there are two documents that matter most in a crisis: a financial and legal power of attorney and an advance medical directive.
These estate planning documents help ensure the right people can make the right decisions and have the access they need when it matters most.
Why a Crisis Is the Worst Time to Plan
In an emergency, families are often shocked by how quickly life becomes paperwork and permissions. Hospitals, banks, and insurance companies operate based on legal authority and privacy rules. Good intentions do not create access.
Many spouses assume marriage automatically gives full authority. Many parents assume adult children can just step in. In Pennsylvania, those assumptions often lead to frustration and delays because institutions may not recognize family status as permission to act.
When the right documents are missing, families may be forced into a court process to gain authority. That process is rarely quick, rarely simple, and almost always stressful.
The Two Estate Planning Documents That Matter Most Before a Crisis
If you do nothing else right now, start with these two documents:
Financial and legal power of attorney
Advance medical directive
These estate planning documents focus on what happens if you are alive but unable to make decisions.
They are often the missing link in otherwise well intentioned estate planning.
Document One: Financial and Legal Power of Attorney in Pennsylvania
A financial and legal power of attorney is a legal document that allows you to appoint a trusted person, called an agent, to act on your behalf for financial and legal matters. If you become incapacitated or cannot manage your affairs, your agent can step in and handle important tasks without needing court approval.
What a Financial and Legal Power of Attorney Can Allow
A properly prepared power of attorney can allow your agent to handle tasks such as:
Paying bills and managing household finances
Accessing bank accounts and speaking with financial institutions
Managing retirement accounts and investments
Handling insurance issues and claims
Filing taxes and working with accountants
Managing real estate, including selling or refinancing if needed
Addressing legal matters that require your signature
The exact powers included should match your real life needs. In a crisis, gaps in authority can create big problems.
What Can Go Wrong Without a Financial and Legal Power of Attorney
When there is no power of attorney in place, families often face:
No access to bank accounts to pay bills
No ability to handle time sensitive financial matters
No authority to deal with insurance, benefits, or income
No ability to sell property to pay for care
Increased risk of missed payments, late fees, or financial harm
A potential need for a court appointed guardianship
A guardianship is a court process where a judge appoints someone to manage the affairs of a person who cannot manage them. Even when family members agree, the process can still take time, require legal filings, and create ongoing court oversight.
A power of attorney helps you stay in control by choosing who will act for you and by setting clear rules for that authority.
Choosing the Right Agent
Your agent should be someone you trust and someone who can handle pressure, paperwork, and communication. Trust matters, but capability matters too.
Many people name a primary agent and a backup agent. Some families choose co agents when it fits their dynamics and reduces burden. The best structure depends on family relationships, geography, and who can realistically act quickly.
Document Two: Advance Medical Directive in Pennsylvania
An advance medical directive helps ensure your medical wishes are honored if you cannot communicate. It typically includes naming a health care decision maker and providing guidance about your preferences.
This document is about making sure the right person can speak up for you and make decisions that reflect your values.
What an Advance Medical Directive Can Do
A well prepared advance medical directive can help:
Name the person who can make health care decisions for you if you cannot
Allow your chosen person to receive medical information and speak with providers
Provide guidance about your values and goals for treatment
Reduce uncertainty and conflict among family members during stressful moments
Many people think this document is only about end of life choices. In reality, it can also help during surgeries, serious illness, short term incapacity, or any situation where communication is limited.
What Can Go Wrong Without an Advance Medical Directive
When there is no advance medical directive, families may experience:
Confusion about who can speak with doctors
Delays while providers determine who has authority
Conflict among relatives with different opinions
The emotional burden of guessing what you would want
Court involvement in rare but serious disputes
Even in close families, medical crises can bring out fear and disagreement. Clear authority and clear guidance can protect your loved ones from carrying that burden alone.
Choosing the Right Health Care Decision Maker
Your health care decision maker should be someone who can stay calm, ask good questions, communicate clearly, and honor your wishes even when emotions are high.
Sometimes the best choice is not the person who is closest emotionally. The best choice is the person who can follow your values and advocate effectively.
Real Life Examples of Why These Documents Matter
Example One: A Sudden Hospitalization
A parent is hospitalized unexpectedly and cannot communicate clearly. An adult child tries to help, but the bank will not share information or allow account access. Insurance questions cannot be answered. Bills are missed and stress rises quickly.
With a financial and legal power of attorney and an advance medical directive, the adult child can coordinate care, communicate with providers, handle insurance needs, and keep the household finances on track.
Example Two: A Spouse Cannot Access Accounts
A spouse becomes incapacitated. The other spouse assumes they can handle everything, then learns key accounts are in the incapacitated spouse’s name only. The bank refuses access without proper legal authority, and financial tasks pile up.
A properly drafted power of attorney prevents this scenario and allows the spouse to act without court.
Example Three: Adult Children Disagree About Care
A parent is ill and cannot make decisions. One child wants aggressive treatment. Another believes comfort should be prioritized. Doctors need one authorized decision maker, but the family is divided.
An advance medical directive that clearly names a decision maker and includes guidance about values can reduce conflict and help decisions align with what the parent would choose.
Why Do It Yourself Documents Often Fail When You Need Them Most
Not all powers of attorney and advance medical directives are created equal. Generic templates and online forms may not reflect Pennsylvania requirements or the real world standards used by banks, hospitals, and other institutions.
Common issues include missing language that institutions expect, authority that is too limited for real situations, documents that are not executed properly, outdated choices for decision makers, and no backups when the primary person cannot act.
A plan that fails in a crisis is not a plan. The goal is to have documents that work when life gets hard.
When You Should Update Your Documents
Even well drafted documents should be reviewed periodically. You should consider an update if:
You named someone who is no longer appropriate
Your relationship status changed
You moved to Pennsylvania from another state
Your family situation changed, including blended family dynamics
Your plan is more than five years old
You have concerns about conflict or misuse
Your finances or assets changed significantly
You want more guidance written into your health care decisions
Updating documents is not only about legal correctness. It is about making sure your plan matches your current life.
Frequently Asked Questions
Do I need a financial and legal power of attorney if I am married?
Marriage does not automatically give a spouse full legal authority over all financial and legal matters, especially with accounts held individually. A power of attorney can prevent delays and reduce the chance of needing court involvement.
What is the difference between a will and a power of attorney?
A will controls what happens after you pass away. A power of attorney is used while you are alive but unable to manage your affairs.
What is an advance medical directive?
An advance medical directive is a document that names a person to make health care decisions for you if you cannot and can include guidance about your medical preferences.
Can I name different people for financial and medical decisions?
Yes. Many people choose one person for financial matters and a different person for health care decisions, depending on each person’s strengths and availability.
When should I put these documents in place?
The best time is before a crisis. If you wait until someone is already incapacitated, they may no longer have the legal capacity to sign, which can force the family into court.
Will a hospital accept my advance medical directive?
Hospitals generally recognize properly executed advance medical directives. It is also wise to share copies with your decision maker and keep the document accessible.
Protect Your Family Before You Need To
If you are realizing you do not have a financial and legal power of attorney or an advance medical directive, you are not alone. Many responsible people delay these documents because life is busy. The good news is that you can take action now, before an emergency forces the issue.
These two documents help protect your family from confusion and court, and they give your loved ones the ability to help you quickly and confidently when it matters most.
If you want to make sure the right people can make the right decisions with the access they need, schedule a consultation with our team.
