Choosing — in advance — who will speak for you if you can't speak for yourself.
A power of attorney is a legal document that gives someone you trust the authority to make decisions on your behalf — either right now, or if something happens that leaves you unable to make those decisions yourself. Powers of attorney are among the most useful, and most overlooked, tools in an estate plan.
Our firm drafts and advises on the full range of powers of attorney used in Ohio, along with the related documents that round out a complete incapacity plan.
Gives your chosen agent the authority to manage your financial affairs — banking, bill-paying, tax filings, real estate transactions, business decisions. A durable financial power of attorney remains effective even if you become incapacitated, which is precisely when it matters most.
Gives your chosen agent the authority to make medical decisions on your behalf if you can't communicate them yourself. Ohio's healthcare power of attorney form allows detailed guidance on treatment preferences, end-of-life care, and the involvement of specific people in your care.
A separate but related document that speaks directly to end-of-life medical decisions. Unlike a healthcare power of attorney, which appoints someone to decide, a living will states your own decisions about specific interventions.
Powers of attorney can be drafted to take effect immediately upon signing, or to "spring" into effect only upon incapacity. Each approach has practical tradeoffs. We help clients think through which structure fits their circumstances.
If someone becomes incapacitated without powers of attorney in place, their family may have to petition the probate court for a guardianship — a slower, more expensive, more intrusive process that involves ongoing court supervision. Properly drafted powers of attorney let families avoid that entirely.
A power of attorney lets you choose — in advance, while you have full capacity — who will speak for you. Without one, that choice defaults to whoever a court appoints.
Incapacity can happen at any age, from any cause. Every adult benefits from having basic powers of attorney in place.
The most important decision in a power of attorney isn't the legal language — it's who you name as your agent. That person should be someone you trust completely, who is capable of the responsibilities involved, and who is likely to be available when needed. We help clients think through those factors.
Powers of attorney work alongside wills, trusts, and other estate planning documents. Where possible, we recommend addressing all of these together so the pieces work as a coherent whole.
If you don't currently have powers of attorney in place — or if the ones you have are out of date — this is a straightforward matter to correct. We offer free initial consultations.
