An important part of estate planning is selecting a power of attorney (POA). This individual — or multiple people, in some cases — has the authority to make health care, medical, financial, and business decisions on your behalf if you cannot do so. Even if you do not have a substantial estate, here's how failing to designate a POA can complicate matters after your passing. 

Estate Management Without a Power of Attorney 

The effects of not having a power of attorney in place can begin as soon as you become gravely ill. Family members will be responsible for medical or health care decisions if you can no longer make them. However, they could be unaware of how to proceed unless you have had discussions about your wishes.

Passing away without a power of attorney in place allows control of your estate to go to the state. As a result, your family will need to spend time and money petitioning to access your assets. This time-consuming process adds stress to an already difficult time.

The Disadvantages of Not Having a Power of Attorney 

Not having a medical POA can lead to disagreements if family members have different opinions on how to proceed when you cannot decide for yourself. In some cases, the quarrels become so intense that they lead to court battles. When a power of attorney is in place, they understand your wishes and will act according to them, reducing the chance for disputes. 

Failing to name a POA in your estate planning documents creates the potential for family strife and leads to additional expenses as family members navigate the distribution of your estate. The process of naming a guardian or conservator takes time, with court costs involved in petitioning for access to the estate. Although the courts appoint a family member to this role, there is no guarantee that they will choose the person you would have wanted. The selected individual may not be responsible or knowledgeable enough to make decisions that align with your wishes. 

Get help with estate planning and designating power of attorney to ensure your final wishes are honored from Dennis P. Faller, Attorney at Law in Wapakoneta, OH. With over 40 years of experience helping families with the estate planning process, they will help you create a personalized plan that addresses all the relevant issues. Visit the website to learn more about their practice areas, or call (419) 738-4578 to schedule a consultation.