Many families assume that having a will is enough to prepare for the future. A will is important, but it does not address every situation that can arise during a person’s lifetime. A power of attorney and a will serve different purposes, and many families benefit from having both.

A will generally addresses what happens to a person’s property after death. A power of attorney can address who may help manage certain matters while the person is alive. Understanding the difference can help families avoid confusion during illness, aging, or an unexpected emergency

A will allows a person to identify how they want their property distributed after death. It may also identify a person to serve as executor and address other matters related to the estate.

A will does not usually give someone authority to manage another person’s finances or make healthcare decisions while that person is alive. If someone becomes unable to manage their affairs during their lifetime, a will alone may not provide the necessary authority.

A power of attorney allows a person to authorize someone else to act on their behalf in certain matters. Depending on the document, that authority may involve finances, property, healthcare decisions, or other responsibilities.

A durable power of attorney remains effective if the person becomes unable to manage their own affairs. Tennessee public guardianship guidance explains that a durable power of attorney may authorize decisions involving finances, healthcare, or both, depending on what the document says.

Tennessee’s advance-directive guidance also explains that a medical power of attorney allows a person to select someone to make healthcare decisions if they become unable to do so.

A will and a power of attorney answer different questions. A will addresses what happens after death. A power of attorney addresses who may help during life when someone cannot manage certain matters on their own.

Families may also need to consider healthcare directives. Tennessee’s Advance Directive for Health Care can combine healthcare instructions with the appointment of an agent to make healthcare decisions.

An attorney can help a family understand which documents may be appropriate for their situation. The right documents depend on the person’s age, health, family circumstances, property, and goals.

Estate planning is often easier when families can work with an attorney who understands their community and long-term needs. As a hometown law firm serving Lebanon and Wilson County, Hagar & Phillips helps families plan for both today and the future. 

If you have questions about wills, powers of attorney, or estate planning, contact Hagar & Phillips at 615-784-4588 to schedule a confidential consultation. Our team can help you understand your options and prepare for the future.

This article is for general informational purposes only. It is not legal advice and does not create an attorney-client relationship.

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