05/19/2026
More Than A Will: How A Trust & Power of Attorney Protect You While You’re Still Here
https://www.marcilaw.com/blog/more-than-a-will-how-a-trust-power-of-attorney-protect-you-while-youre-still-here
Most people think of estate planning as something that matters only after death. In reality, some of the most important protections are in place while you are still living, especially if illness or injury leaves you unable to manage your own affairs.
A trust is a valuable part of that plan. By naming a successor trustee in advance, you create a mechanism for someone you trust to step in if you become incapacitated, helping to avoid court involvement, preserve privacy and maintain continuity in the management of your assets.
A power of attorney is equally important, especially if you do not have a trust. It authorizes a person you choose to handle financial and legal matters during your lifetime, including paying bills, dealing with banks, and managing assets that are not titled in the trust. Without it, your family may need to seek court authority before anyone can act on your behalf.
•Seamless management without court intervention
If you become incapacitated and only have a will, your family may need to pursue a guardianship or conservatorship proceeding before anyone can access and manage your assets. That process can be time-consuming, costly and public.
A revocable trust allows your successor trustee to step in according to the terms of the trust and the applicable incapacity standard. A power of attorney can provide a similar level of authority for assets outside the trust and for other day-to-day financial matters.
•Privacy during a vulnerable time
Court proceedings involving incapacity are generally public, which can expose sensitive financial and medical information. A trust helps maintain privacy because it typically operates outside the court system.
A properly drafted power of attorney can also reduce the need for court intervention. Together, these documents help protect confidentiality and preserve dignity during a difficult period.
•Avoiding the “frozen” asset trap
If accounts remain in your individual name, they may effectively be frozen if you become incapacitated. That can interrupt bill payment, investment management, and other necessary financial activity.
When assets are properly funded into a trust, the successor trustee can continue managing them without interruption. A power of attorney helps fill the gap for assets that are not in the trust, making the two documents complementary parts of a complete plan.
A trust is not simply a document for death. It is a planning tool for continuity, privacy, and control during life, and a power of attorney ensures that someone has authority to act if you cannot.
Selected excerpt(s), linked blog article and photo courtesy of Schwartz Ettenger, PLLC.
Don’t leave your legacy to chance. Reach out to Marci Goldfarb, Esq. at 631-777-2401 or email [email protected] today to protect your family’s tomorrow.
