In an episode of Queens to Cleveland – An Estate Planning Lawcast, attorneys Andrew Jaloza of New York and Matt Deliberato of Ohio dive into a topic that often flies under the radar—until it’s too late: Powers of Attorney. And believe it or not, it’s one of the most essential documents in your estate plan, whether you’re 18 or 80.
Their casual, insightful, and often funny conversation sheds light on a very serious issue: what happens if you become incapacitated or are otherwise unable to speak or act for yourself, and you don’t have a power of attorney in place? The answer? Court involvement, legal headaches, family tension, and major loss of control.
A Wake-Up Call for Parents of Young Adults
Andrew kicks off with a story many parents will find alarming: a mother rushed to the hospital after her 18-year-old daughter was in a car accident—only to be told she wasn’t legally allowed to receive medical information or make decisions for her child.
Why? Because once your child turns 18, they are legally considered an adult. That means mom and dad no longer have any automatic say in medical or financial matters—even in an emergency.
The solution? A healthcare proxy and a durable power of attorney, giving a parent or trusted adult the legal ability to act on their behalf.
What Is a Power of Attorney, Really?
Matt and Andrew break it down:
- Healthcare Power of Attorney (or Health Care Proxy): Allows someone to make medical decisions if you can’t.
- General Durable Power of Attorney: Covers financial matters like bank accounts, taxes, real estate, and even creating or funding trusts.
Durable means it remains effective even if you become incapacitated. And as they explain, durable is what matters most. Because if you’re unable to manage your affairs and haven’t named someone to help? You’re looking at guardianship—a costly, time-consuming, and often deeply painful legal process.
A Guardianship is NOT a Backup Plan
Both attorneys emphasize that if there’s no power of attorney, a guardianship proceeding is usually the only legal option. In both New York and Ohio, this means a court gets involved. Your family loses control. Privacy disappears. And often, the loved ones fighting for your care are also fighting with each other.
Matt calls guardianship a Royal Pain in the… well, you get the idea.
Why “Simple” Powers of Attorney Aren’t Good Enough
This is where most people get tripped up. You may think you have a power of attorney—but if it’s a generic online form, something your real estate attorney drafted in five minutes, or an old version that’s no longer legally sound, it could cause more problems than it solves.
“You’re handing someone a blank check,” Andrew says. And if you haven’t listed specific powers—like the ability to create trusts, make gifts, or handle Medicaid issues—that “blank check” may bounce.
In fact, Matt points out that many families still end up in court even when they have a power of attorney—because it wasn’t properly drafted.
The Bottom Line
A well-drafted, up-to-date power of attorney isn’t just a document—it’s your legal voice when you can’t speak. It protects your family from court battles, prevents unnecessary legal expenses, and makes sure the people you trust are legally empowered to help you.
So whether you’re sending your 18-year-old off to college, caring for an aging parent, or planning your own future:
👉 Get your power of attorney done—and done right.
Want to Learn More?
Join Andrew Jaloza and the Estate Planning & Elder Law Group at an upcoming free workshop to learn how to protect your family and your legacy. We cover everything from powers of attorney to wills, trusts, Medicaid planning, and more.
🔗 Register for a workshop today — your future self will thank you.
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