What Decisions Cannot Be Made by a Legal Power of Attorney?
Imagine this: you’ve named someone you trust to help with your affairs if you’re ever unable to but when it really matters, they’re told, “Sorry, you don’t have the authority.”
That’s exactly what can happen when the limits of a power of attorney (POA) aren’t fully understood.
Most folks think a POA gives someone the ability to handle “everything” for them — from paying bills to making health decisions. But that’s not quite true. Some decisions are off-limits, no matter how much trust you have in your chosen agent.
Let’s walk through three critical decisions that a legal power of attorney cannot make, so you can avoid surprises and make sure your plan protects the people you love.
Understanding Power of Attorney — the Basics
A power of attorney is a legal document that lets someone else manage your financial, legal, or sometimes medical matters when you’re unable or unavailable to do so.
There are a few types of POA, each with different scopes:
General Power of Attorney – Broad authority for many financial/legal matters.
Limited Power of Attorney – Narrow authority for specific tasks or timeframes.
Durable Power of Attorney – Stays valid even if you become mentally incapacitated.
Here’s the catch: no POA covers everything. Certain decisions are always outside your agent’s legal reach either because they require your personal involvement or they touch on rights that can’t be delegated.
1. Making Medical Decisions (Without a Healthcare POA)
One of the biggest misunderstandings? Thinking a general POA includes medical decisions. It doesn’t.
Unless you’ve created a separate healthcare power of attorney, your agent cannot:
Consent to surgeries or treatments
Make end-of-life care decisions
Access your medical records
Why? Because your health decisions are deeply personal, and the law requires specific permission for someone else to make them.
So, if you want your trusted person to step in during a medical crisis, be sure you’ve also signed a healthcare POA or advance directive, otherwise, they could be sidelined just when you need them most.
2. Changing a Will or Estate Plan
Even if someone holds your POA, they cannot write, change, or revoke your will.
That’s because estate planning decisions must come directly from you, when you’re of sound mind, to ensure your wishes are truly your own.
In practical terms, your agent can manage your property and finances while you're alive, but they can’t decide who inherits what or make other testamentary decisions. Only you can do that with proper legal help.
This protects your legacy and ensures your estate reflects your faith, values, and intentions, not someone else’s idea of what’s best.
3. Voting in Elections
No matter how broad a POA may be, it cannot be used to vote in elections on your behalf.
Voting is a personal right tied to your identity as a citizen. It’s not transferable and trying to vote through an agent is illegal.
So while your agent can handle legal and financial matters, civic duties like voting remain yours alone.
Final Thoughts
A power of attorney is a powerful tool but it’s not a blank check. It comes with boundaries designed to protect your rights and prevent misuse.
To recap, a legal POA cannot:
Make medical decisions unless a healthcare POA is in place
Change your will or make estate planning choices
Vote in elections on your behalf
If you’re setting up a POA or wondering if your current documents cover the right ground, let’s have a conversation. A consultation call can give you the clarity you need to protect your family, honor your wishes, and move forward with peace of mind.
