What Happens If You Can’t Find a Power of Attorney?
Practical guidance for those with little support
By Ailene Gerhardt, MA, BCPA, CSA®, Founder, Beacon Patient Solutions LLC & Navigating Solo Network, Host, The Navigating Solo™ Podcast
When you read about advance care planning, one of the first things you see is advice to name a Power of Attorney (POA) for both healthcare and finances. A POA gives someone you trust the legal ability to step in and make decisions if you can’t.
In my work, I encourage clients to approach the advance care planning process using these 5 steps in this order: decide, document, designate, discuss, and distribute. Once you have done the work exploring what you want and don’t want for your care and you document it, the next step is to seek individuals to designate to serve as your proxies.
But what happens if you don’t have anyone you feel comfortable asking and naming?
You are not alone. Many solo agers face this exact challenge. Friends may live far away, family relationships may be complicated, or there simply may not be anyone in your circle you want in that role. That can feel scary, but it does not mean you are out of options.
First, know this: You have choices.
Even if you cannot designate a family member or friend immediately, there are professionals, organizations, and planning steps you can put in place. These options may take some research, but they can help ensure your preferences are respected and prevent the courts from stepping in.
What Is a Fiduciary?
A fiduciary is someone who is legally and ethically bound to act in your best interests. Unlike a family member or friend who may step in informally, fiduciaries are professionals who can be hired or appointed to manage decisions for you. Depending on the role, a fiduciary might:
Handle financial matters (paying bills, managing investments, or overseeing property).
Make healthcare decisions if you are unable to do so.
Oversee personal needs such as housing and daily living arrangements.
Because fiduciaries are accountable to the court and/or a licensing body, they must follow strict rules to protect you.
Practical Options to Consider
Professional Fiduciaries
In some states, you can hire a licensed professional fiduciary. These individuals are trained, regulated, and often bonded to protect clients.
Currently, the states with formal fiduciary licensing programs include:
California: Licensed through the Professional Fiduciaries Bureau.
Arizona: Licensed through the Fiduciary Licensing Program under the state Supreme Court.
Florida: Professional guardians are licensed and monitored through the Office of Public and Professional Guardians.
In these states, you can proactively hire a professional fiduciary to act as your Power of Attorney, guardian, or conservator if needed.
If you live in another state, you may still be able to hire a professional, but the system may not be as regulated. In those cases, it is wise to consult an elder law attorney to find reputable options.
Nonprofit or Public Programs
Some states or counties provide public guardianship programs or work with nonprofits that step in when someone has no one else. These programs may be limited in scope but can serve as a last resort safety net.
Banks or Trust Companies (for finances)
If your primary concern is financial management, some banks or trust companies can step in as financial decision-makers or trustees. While they don’t typically handle healthcare decisions, they can manage your money and property responsibly.
Healthcare Alternatives
If you don’t have a healthcare proxy, hospitals often rely on “default surrogate laws” (state rules about who can decide). The problem? If you don’t have anyone who qualifies, the court may appoint a guardian.
To prepare:
Put your care preferences in writing (advance directive, living will, values statement).
In some states, you may be able to appoint a patient advocate or use an ombudsman program for limited decision making.
Guardianship Planning
If guardianship becomes necessary, you can still influence the process. By writing down your preferences, you can guide the court toward the kind of guardian you would want (for example, a nonprofit agency, a professional fiduciary, or someone with certain qualities).
Action Steps You Can Take Now
Learn what options exist in your state: licensing, nonprofit programs, and guardianship laws vary.
Interview professionals: ask about training, fees, and oversight before naming anyone.
Document your preferences in detail: even without a POA, your voice matters through clear paperwork.
Share your documents: make sure doctors, financial institutions, and trusted advisors know where to find them.
Review regularly: revisit your plan every couple of years. Circumstances may change, and someone you trust could become available later.
The Bottom Line
Not having a ready made Power of Attorney is common for solo agers and it does not mean you will lose all control. By learning about fiduciaries, exploring public or nonprofit options, and documenting your preferences, you can create a plan that protects your independence.
You deserve to have your voice heard and your choices respected, even when you are planning solo.
