What happens if I do not create a power of attorney?

If you do not create a power of attorney in Washington, a court will have to appoint a guardian or conservator ahead of a medical or financial emergency. This could lead to significant delays in obtaining the needed help or resources. Furthermore, the court-appointed guardian may not be the individual of your choosing. This could potentially lead to family conflict, as the court-appointed guardian is legally responsible for making decisions on your behalf and may not make the same decisions as you would have. Additionally, you will be responsible for the guardian’s legal fees and court costs if the court has to appoint a guardian. Without a power of attorney, you will also be limited in terms of the assets you are able to access on your own without court approval. Generally, assets held in joint tenancy and in trusts will be off-limits until the court approves a guardian or conservator. In Washington, a power of attorney should be created as soon as you are of age and is an important tool for protecting yourself and your assets. It will save time, money and potential conflict with your family by ensuring that those who you trust are in charge of your assets and making decisions on your behalf.

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