When you’re planning to leave a legacy for your family, you might be focused on what happens after you pass. However, if you become incapacitated before death, you’ll need a power of attorney to manage your estate on your behalf. Here’s what happens if you don’t have this measure in place, and why you should establish it.

What Happens if You Don't Have a Power of Attorney in Place?

A POA, or power of attorney, grants one individual the authority to act for another when they are incapacitated. For example, if you were on life support in the hospital, and you assigned your spouse medical powers of attorney, they could decide whether or not to keep you on the machine.

If you never established a medical power of attorney, the state will pass this responsibility to your next of kin. Usually, this is a spouse, an adult child, or a parent. However, it may not be the individual you would have wanted to leave in charge of your health care decision. If no family members are available, the hospital staff or health care provider will have to make the decisions they feel are best.

If you don’t have a financial power of attorney, the court will likely assign a guardian or conservator to take charge of your estate. They will be able to handle your debts and oversee the distribution of your assets. While this may follow the same next-of-kin guidelines as the medical power of attorney, the court may assign a third-party agent if there is conflict among the family members related to the distribution of the estate.

What Are the Disadvantages?

If you slip into a coma or experience a lapse in mental health, the court may assign a medical power of attorney to your next of kin. However, this may not be an individual you would have left the decision up to. For example, if you and your spouse are separating, you might have wanted your adult child or best friend to act on your behalf.

Or, if you are not yet married, you might have wanted your long-term significant other to be left in charge. Still, the court-appointed individual would have the power to make an important decision that could affect your end-of-life care, or your life in general—such as to remove you from life support.

If the court assigns a guardian or conservator to make financial decisions about your estate, your family members may have to petition the court to gain control of your assets and liabilities. They might also have to pay a fee to do so. This legal conflict and the associated expenses would only add to the stress of your recent incapacitation. 

To draw up your own medical and financial powers of attorney, reach out to Dennis P Faller, Attorney at Law. This Wapakoneta, OH, lawyer can help you with all your estate planning to-dos, including wills, trusts, and powers of attorney. With his guidance, you can feel confident about the decisions you make to prepare for the end of your life. To learn more about his practice areas, visit him online or call (419) 738-4578 to arrange for a consultation.