When a loved one is suddenly injured or becomes unable to make decisions for themselves, the last thing any family wants to deal with is legal red tape. But that’s often exactly what happens when there’s no plan in place.
At Salenger, Sack, Kimmel & Bavaro, LLP, we see this all the time. Our firm handles serious medical malpractice and personal injury cases throughout New York. And when those injuries result in long-term disability or incapacity, families often need help managing medical decisions, finances, or day-to-day care for someone who can no longer manage on their own.
That’s where an estate planning attorney comes in. We work hand-in-hand with our litigation team to help clients put the right legal tools in place—like health care proxy, power of attorney or guardianship, so they can focus on care, not courtroom drama.
While all of these tools, health care proxy, power of attorney and guardianship, help manage someone’s affairs, they are utilized under different circumstances and work in very different ways.
Power of attorney (POA) is the most flexible in terms of non-medical issues. It’s something you set up ahead of time, while you’re still mentally capable, to give someone else the legal right to act on your behalf if needed. That person, called your “agent,” can make financial decisions or sign documents depending on how the POA is written during your lifetime.
A health care proxy (HCP) is another vital legal document you can prepare in advance, often alongside a power of attorney, to ensure that someone you trust is legally allowed to make medical decisions on your behalf if you’re ever unable to speak for yourself. This might be due to a coma, cognitive impairment, or being under anesthesia during a critical moment.
A guardianship becomes necessary when a person can no longer make decisions for themselves and hasn’t established a power of attorney (POA) and/or health care proxy. In these cases, a family member or concerned party must petition the court to be appointed as the individual’s legal guardian. This allows them to make crucial decisions, financial and medical, including approving surgeries, managing assets, coordinating treatment, and deciding where the person will live.
We often see guardianship arise in situations involving severe brain injuries, in birth injuries, or when medical malpractice leaves someone unable to communicate or manage their affairs. While guardianship provides a legal pathway to protect a loved one, it’s a longer and more complex process than having Advance Directives in place. It requires court filings, affidavits, and often ongoing oversight—making it all the more important to consider advanced planning tools like a power of attorney and a health care proxy before a crisis occurs.
A power of attorney isn’t just for the elderly. It’s something every adult should consider, including parents of young kids, people going through medical treatments, or anyone with assets to protect. Additionally, any young adult, age 18 or older, attending college or working, especially out of state, should do so as well.
There are different types of POAs, including:
The key is that it’s proactive. You decide who you trust and what powers they have. No court. No delays. Minimal costs compared to guardianships.
At our firm, we often create Advance Directives, including Powers of Attorney and Health Care Proxies, as part of a broader estate plan, especially for clients who have suffered a life-altering injury or are managing the care of someone who has.
Why It Matters for Injury and Malpractice Cases
If your loved one was harmed due to medical negligence and is now unable to manage their life independently, you may not be able to sign legal paperwork or authorize treatment for them, even if you’re their spouse or child, without the right legal authority.
That’s why our estate attorneys become a critical part of the team. They help families:
Whether you’re recovering from a tragic incident or planning for the future, these legal protections provide structure, control, and peace of mind.
At the end of the day, estate planning isn’t just about wills and inheritances. It’s about making sure the people you trust can step in when you need them most—without court battles or uncertainty.
That’s why we always recommend including a durable power of attorney and health care proxy in your estate plan. Together, they can help avoid unnecessary guardianship proceedings if something unexpected happens.
If your family is currently navigating a medical crisis, we can help. Whether it’s preparing Advance Directives, pursuing a malpractice case, or applying for guardianship, our legal team works together to protect every part of your loved one’s future.
Need help understanding your options?
Reach out to our estate planning attorneys at Salenger, Sack, Kimmel & Bavaro, LLP. We’re here to help you take the right legal steps—before or after an emergency.
📞 Call (800) 675-8556
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