Power of Attorney vs. Will: Why You Need Both

A will protects your family after you are gone. A power of attorney protects you while you are still here. Both are essential parts of a complete estate plan, yet most people only have one, if they have either at all.

What a Will Protects

Your will outlines how your property and assets should be distributed after you pass away. It also allows you to name guardians for minor children. A will only takes effect after death, and typically must go through probate court.

What a Power of Attorney Protects

A durable power of attorney names someone you trust to make financial and legal decisions on your behalf while you are still living, if you become unable to do so yourself due to illness, injury, or incapacity.

What Happens Without a Will

Without a will, Georgia law determines how your assets are distributed, which may not reflect your actual wishes. This can also create confusion and conflict among family members during an already difficult time.

What Happens Without a Power of Attorney

Without a power of attorney, your family may need to petition the court for guardianship or conservatorship just to manage your finances or make decisions on your behalf, a process that takes time and creates added stress during a medical emergency.

Why a Complete Estate Plan Needs Both

These two documents cover two different periods of your life. A will addresses what happens after you are gone. A power of attorney addresses what happens while you are still here but unable to act for yourself. Neither one replaces the other, and a complete estate plan accounts for both.

Join Us

Our team hosts a free estate planning webinar every third Sunday at 5:30 PM. No preparation needed, just bring your questions.

Register here: Webinar Registration

Ready to talk about your family’s specific situation? Book a Legacy Discovery Session and our team will walk you through your options.

Book here: Legacy Discovery Session