Health Crisis & Marriage Considerations

A Relatable Scenario

Michael and Sarah, married for 18 years, share a home, a joint checking account, and a life built together. Michael manages their investments and a rental property, while Sarah runs their household finances. One day, Michael suffers a sudden stroke. Sarah rushes to the hospital, overwhelmed with worry, but soon faces unexpected obstacles:

• She can’t access his investment accounts to pay bills.
• The rental property is solely in Michael’s name.
• Doctors hesitate to proceed with treatment without documentation
• Sarah assumed her role as a spouse gave her automatic authority, but it didn’t.

The Marriage Myth: Why It’s Not Enough

Many couples assume marriage gives automatic control over each other’s finances, property, and healthcare decisions. The truth is:

• Joint bank accounts are accessible, but individual accounts are frozen without a Power of Attorney.
• Property in one name requires legal authority to manage.
• Healthcare decisions may be delayed if there’s no documentation.
• Without planning, court involvement is likely, making the process public, costly, and stressful.

Side-by-Side: Planning Ahead vs. No Planning

Area	If You’ve Planned Ahead	If You Haven’t Planned Ahead
Financial Accounts	A POA lets your spouse access and manage your accounts.	Accounts frozen; must seek conservatorship through court.
Property	Joint ownership or trust ensures seamless management.	Property in one name is untouchable without court approval.
Healthcare Decisions	Advance Directive + Healthcare POA make decisions clear.	Doctors may hesitate or defer decisions; court involvement likely.
Time & Cost	Minimal cost, quick action, no court oversight.	Weeks to months, attorney fees, court filings, and mandatory reporting.
Stress Level	Privacy and peace of mind.	Stressful, public, and emotionally draining.

Key Planning Documents to Put in Place

Document	Why It Matters	Resource
Durable Power of Attorney (POA)	Grants trusted person authority to handle finances and property.	Georgia POA Guide
Advance Directive for Healthcare	Outlines healthcare wishes and designates a decision-maker.	Georgia Advance Directive Form
Living Trust	Avoids probate, simplifies asset transfer, and protects privacy.	Nolo’s Living Trust Basics
Beneficiary Designations	Ensures retirement accounts and insurance go to intended recipients.	Fidelity Beneficiary Guide

If You Haven’t Planned Ahead

If you don’t have these documents, your loved ones may need to seek guardianship or conservatorship:

• Guardianship: Court grants authority over personal and healthcare decisions.
• Conservatorship: Court grants authority over financial matters.
• Emergency Options: In urgent cases, courts may issue emergency orders to provide temporary authority (covered in your companion article).

🔗 Learn more:

• Georgia Guardianship & Conservatorship Overview
• Court Forms: Guardianship/Conservatorship Petitions

Helpful Resources

Resource	Link
Video: POA vs Guardianship Explained	Watch Here
Advance Directive Walkthrough	Download PDF
Nolo’s Estate Planning Basics	Read Guide
Find Your County Probate Court	GA Probate Court Directory

Tools to Stay Organized

✅ Family Legacy Binder: Create a binder with all critical documents:

• Wills, Trusts, POAs, Advance Directives
• Bank info, property deeds, insurance, passwords
• Contact list for attorneys, doctors, financial advisors

✅ Password Manager or Spreadsheet: Use LastPass, 1Password, or a secure spreadsheet to keep logins centralized. Include instructions for your spouse to access accounts.

✅ Annual Check-Up: Review legal and financial documents yearly or after major life changes.

Don’t wait until a crisis strikes to discover legal red tape. Take control today:

✅ Draft your POA and Advance Directive.
✅ Organize your family binder.
✅ Schedule a consultation with an estate planning attorney.