What if an Elderly Person Has Nobody as a Power of Attorney?

 Posted on August 12, 2025 in Estate Planning

One of the most important steps an elderly person can take when preparing for the future is choosing someone to serve as a power of attorney. What happens when an elderly Texan has no one they trust, no family member, or no person willing to step into that role? This situation could be the result of family estrangement, outliving loved ones, or a simple lack of reliable options.

Whatever the reason, many aging adults may find themselves facing serious health and financial decisions with no one legally authorized to assist when issues arise. In the state of Texas, this can potentially lead to court intervention, state oversight, or even complete loss of control.

If you find yourself in a similar situation, it is essential to understand your options and the consequences of not having a power of attorney. A Flower Mound, TX elder law attorney can help you make the necessary decisions now to avoid problems later.

Why Does the Power of Attorney Matter for Seniors?

The power of attorney gives legal authority for another person to act on a senior’s behalf. A medical power of attorney allows the named person to make health care decisions on his or her behalf in the event of incapacitation. A financial power of attorney allows the named person to make decisions regarding property, money, and benefits on the elderly person’s behalf if he or she is unable to do so. Without a valid power of attorney document, no one – not even the spouse of the elderly person - can automatically make these decisions.

What Are the Most Common Reasons Seniors Fail to Name a Power of Attorney?

While every situation is unique, there are some common reasons that a senior may fail to name a power of attorney. These reasons include:

• There are strained relationships with family members.
• There is no one the senior trusts enough to give power of attorney to.
• A senior may fear financial exploitation or abuse after granting the power of attorney.
• The senior has no close family members or friends.
• Cognitive decline occurs before the power of attorney document can be drafted.

Yet with no valid power of attorney in place, loved ones are unable to access bank accounts or make medical decisions. Healthcare providers may be forced to follow default medical protocols. Bills can go unpaid, benefits may be delayed, and critical decisions can be stalled out. All in all, this is often a dire situation.

What Might the Court Do When No Power of Attorney Exists?

A Texas court may decide to appoint a guardian for the senior and/or his or her estate. This guardian will have legal authority but will be required to report to the court. The named guardian could be a family member, a friend, an attorney, or even a state agency, depending on the circumstances. The process for appointing a Texas guardian can be slow, emotionally complex, and expensive.

Are There Alternatives for Texas Seniors Aging Alone?

Before the situation reaches the point of the court appointing a guardian, a senior can take several steps to prevent that from happening. A professional fiduciary can be hired as a power of attorney, or a nonprofit agency or attorney can be named as a power of attorney. Advance directives, including a medical power of attorney, a directive to physicians, and a HIPAA release, can ensure that the medical decisions the elderly person would want will be made. In some cases, a trust can be established with a corporate trustee or a private fiduciary.

Contact a Denton County, TX Elder Law Attorney

If you or a loved one is aging without someone to serve as a power of attorney, you are not alone, and you do have options. The key is planning ahead, before a crisis occurs. An experienced Flower Mound, TX elder law attorney from Colbert Law Group PLLC can help you explore professional fiduciaries, establish protective legal documents, and ensure your wishes will be carried out. Attorney Colbert has experience serving as an administrative law judge and as a tribal judge for the Chickasaw Indian Nation. Call 972-724-3338 to schedule your initial attorney meeting.