While meeting with clients, as an estate planning lawyer, I often hear this question: “Should I add my family member to my accounts as a joint owner, or set up a Power of Attorney?” Adding a joint owner might seem simpler, but the answer isn’t as straightforward as you think.
When Joint Accounts Create More Problems Than Solutions
Picture this scenario: Your spouse is in the hospital, and you need to make urgent changes to what you thought was a fully accessible joint investment account. Despite being a joint owner, you hear these frustrating words: “I’m sorry, but we need authorization from both account holders to proceed.” Without a Power of Attorney (POA), you could be powerless at a crucial moment.
Understanding Your Options
Let’s explore why a Power of Attorney is often the better choice for most families. A well-drafted Power of Attorney offers several key advantages:
- Provides apparent legal authority for your chosen representative
- Maintains your control while creating a reliable backup plan
- Generally works smoothly with financial institutions
- Can be tailored to your specific needs and circumstances
The Hidden Complications of Joint Accounts
While joint accounts might seem convenient, they often come with unexpected challenges. For example, joint ownership can affect your government benefits and create unexpected tax complications. Perhaps most concerning, joint accounts might unintentionally disrupt your carefully planned estate distribution, leading to family conflicts that could have been avoided.
Making the Right Choice for Your Family
As your estate planning lawyer, I recommend considering these factors when making your decision:
- Control: A POA lets you maintain complete control of your assets while providing a backup plan
- Flexibility: Your POA can be customized to fit your specific situation
- Protection: Unlike joint accounts, a POA doesn’t put your assets at risk from others’ creditors
- Family harmony: POAs often help prevent unintended inheritance issues and family conflicts
The Bottom Line
While joint accounts have their place in some situations, a Power of Attorney provides the most reliable and flexible solution for ensuring your finances can be managed when you need help. It offers protection without requiring you to give up control of your assets.
To schedule a consultation with our law firm, please feel free to contact us. We’ll help you understand your choices and create a plan that provides both security and peace of mind.
