What Happened to Bill And Betty Because They Didn't Have POAs

Attorney Nicole Wipp here. I'd like to share a story with you about Bill and Betty.

Bill and Betty were a couple from Commerce who had been married for over 52 years. They had two children, both grown, and six grandchildren. They had been retired for many years, spending some of that time traveling and much of it with their grandchildren.

Bill loved to put her around in his garage, tinkering on cars. Betty loved spending time in the garden and baking cookies for the grandkids. They were full of life.

 Like most people, they thought they needed to do something about their estate, but they figured it was pretty easy because they trusted their kids and they knew that they would do the right thing. So, they put it off, and they put it off, and they put it off. They had friends who had health crises, but because of life and being busy, they didn't think about it very much as it related to themselves.

An Unexpected Health Crisis

 At one point, though, Bill started to feel out of breath. He noticed it a few times over the course of a week, and he had to sit down in the garage more and more often. He didn't want to tell Betty yet, for fear of worrying her. One day, she came out to the garage and saw him sitting there. Being married so long, you know something's wrong. She tried to make an appointment to see the doctor, but Bill was a proud, stubborn man who told her to leave him alone. She didn't want to, but she respected that her husband knew he was okay and would be fine.

 A few weeks later, they were standing in the kitchen when Betty heard Bill gasp. She was in the middle of cooking, so she didn't look up yet, but she said, “What's wrong, honey?” She heard him say “my head hurts,” but he sounded so funny when he said it that she quickly looked over at him, only to discover his face drooping.

She knew that there was something massively wrong. She called 911 immediately.

Bill had a massive stroke. Over the coming weeks and months, it would become clear that Bill would never be the same again. He couldn't move any of his left side, his brain was all in confusion, and he wasn't able to communicate appropriately.

Now What Do We Do?

Several months later, Betty's kids were at their wits' end, because they knew that their mother needed help. The problem was that they couldn't get into Bill's retirement account. Bill wasn’t able to communicate or understand, and there was no power of attorney.  The medical and rehab bills had piled up.  Mom needed to pay the bills, and she couldn't because she didn't have enough income. They had to access Bill’s accounts - but they couldn’t.

There’s Only One Option: We Have To Go To Court

So, they called us. Unfortunately, there weren't very many options. In fact, the only real choice we had was for Betty to go to court to obtain guardianship and conservatorship over her husband, Bill. This was the only way she could access those retirement accounts to pay her bills and continue taking care of her husband. 

Betty and the kids couldn't believe it. “What do you mean we have to go to court to get permission for my mom to get her own money?” Her son asked me. “Well,” I explained, “the problem is that retirement accounts are individually owned, and your mom has no legal access to this account. Without a power of attorney, the only way to get permission to access an account legally is to go through the court process.”

 Now, we did get to court, and, of course, Betty was able to gain access and obtain proper legal authority over her husband's affairs. That is not the point here. The fact is that all of this could have been completely avoided with good legal powers of attorney in place. It would have been completely unnecessary to do any of this if Betty and Bill had appropriately prepared.

The Misconception That Being Married Is Enough

 One of the biggest misconceptions I see in my office is that married people believe they can do anything for their spouse if something like this happens. In fact, the time I go to court most as an attorney is for married couples who do not have a valid power of attorney in place.

Betty and Bill loved each other very much. They were great parents. They were responsible people. But the one thing that they didn't do, the one thing that would've been easy to complete and would have resulted in a lot less stress for everybody involved, was to get the power of attorney done.

This Is An Easy Fix - And We Can Help

Please don't be like Bill and Betty. Call us today and get your power of attorney done. It's the least you can do for the people you love.

Call today (248)278-1511