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Power of Attorney vs. Guardianship: Why Every Business Owner Needs an Estate Plan

Posted by Anthony Serra | Feb 11, 2025 | 0 Comments

What happens to your business if you suddenly become incapacitated? Without proper planning, your loved ones may face costly and time-consuming guardianship proceedings just to keep things running. This is why every business owner needs a solid estate plan.

Power of Attorney vs. Guardianship

A Power of Attorney (POA) allows you to appoint a trusted person to handle your financial and business affairs if you become unable to do so. It's a simple, proactive solution that avoids court involvement in most cases.

Without a POA, your family may have to petition the court for guardianship, a lengthy and expensive process where a judge decides who will manage your affairs—including your business. This can lead to unnecessary delays, jeopardizing payroll, contracts, and daily operations.

Why Business Owners Need an Estate Plan

Take Dr. Smith, a successful business owner. If he becomes incapacitated without a POA or estate plan, his family may struggle to access accounts, pay bills, or make business decisions while waiting for court approval. With an estate plan, however, he can:

Designate someone to step in immediately.
Keep his business running smoothly.
Avoid court delays and legal complications.

Plan Now, Protect Your Future

An estate plan isn't just about assets—it's about business continuity and peace of mind. Every business owner should have a Power of Attorney and other essential documents in place to ensure their legacy is protected. Contact us today to get started!

About the Author

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Anthony Serra

Tony Serra is a passionate advocate, especially for the elderly, disabled and those of modest means who need the services of an experienced and caring attorney. For more than 30 years, Tony has been helping common, everyday folks navigate their way through life's turbulent waters. Through innovation and utilizing modern technology, Tony and his law firm are now able to offer quality legal services that at one time were prohibitively expensive, at a fraction of the cost. If you need basic legal services, such as a Will, Power of Attorney, Living Will, Special Needs Trust, real estate transactions, uncontested guardianship pleadings and much more, please visit our website and our SMART LAW legal services platform. You will be pleasantly surprised by what we offer and glad you did! Tony is also an experienced mediator and founder of the Conflict Resolution Center of NJ. Tony has specific training in family matters as well as elder law and contested guardianship and estate cases.  

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