In Indian Hill, estate planning is more than just a legal task—it’s an intentional act of stewardship. This legacy-minded community is home to families, professionals, and retirees who value privacy, dignity, and long-term security. Whether you're preserving generational wealth, managing a business, or simply safeguarding your independence, having the right legal tools in place is essential.

One of the most critical components of any estate plan is a Power of Attorney (POA). This document allows you to appoint someone you trust to act on your behalf if you’re ever unable to make decisions due to illness, accident, or age-related incapacity. It ensures that your voice is heard—even when you can’t speak for yourself—and that your affairs are managed by someone who understands your wishes and priorities.

A Power of Attorney Protects What Matters Most

Life is unpredictable. Medical emergencies, travel, or cognitive decline can all create situations where quick, informed decisions must be made about your finances, your healthcare, or your business. Without a valid Power of Attorney, your loved ones may be forced to go through lengthy and costly court proceedings just to step in and help.

A well-drafted POA allows you to:

  • Designate a trusted agent to make financial or healthcare decisions
  • Avoid the need for guardianship proceedings
  • Ensure continuity in managing your property, business, or medical care
  • Reduce stress and uncertainty for your family during times of crisis

With a Power of Attorney in place, you can rest easy knowing that your affairs will be handled with care, even if you're unable to manage them yourself.

What Is a Power of Attorney?

A Power of Attorney (POA) is a legal document that gives someone else—the agent or attorney-in-fact—the authority to act on your behalf in personal, financial, or healthcare matters. Under Ohio law, this arrangement allows you, as the principal, to proactively appoint someone you trust to make decisions if you are unable or unavailable to do so yourself.

Powers of Attorney can be broad or limited in scope, temporary or long-term, and are a key element of any thoughtful estate or incapacity plan.

The Role of an Agent (Attorney-in-Fact)

The person you designate in your Power of Attorney—your agent—has the legal right to manage affairs on your behalf, according to the permissions you grant in the document. Depending on the type of POA, this authority may include:

  • Paying bills and managing bank accounts
  • Handling investments or real estate transactions
  • Making medical or end-of-life decisions
  • Communicating with healthcare providers
  • Filing taxes or dealing with government agencies

Your agent must always act in your best interest and follow any specific instructions you provide. In Ohio, agents have a fiduciary duty to act honestly, responsibly, and within the scope of their authority.

How POAs Fit into Estate and Incapacity Planning

Power of Attorney documents are a foundational part of a complete estate plan—especially in communities like Indian Hill, where individuals often manage complex financial lives, legacy goals, and long-term care considerations.

By creating a POA while you are still healthy and mentally capable, you:

  • Avoid court intervention in the event of incapacity
  • Ensure decisions are made by someone you trust
  • Protect your financial and medical wishes if you become unable to advocate for yourself
  • Allow for immediate response in emergencies, whether you're out of the country or recovering from surgery

Without a valid POA in place, your family may need to pursue guardianship or conservatorship through the probate court—an often stressful and time-consuming legal process.

Types of Powers of Attorney in Ohio

Durable Power of Attorney

A Durable Power of Attorney allows your chosen agent to manage your financial and legal affairs—even if you become incapacitated. This is one of the most common and important estate planning documents, as it helps avoid guardianship proceedings in the event of serious illness or cognitive decline.

It typically covers:

  • Managing bank accounts and paying bills
  • Handling investments and insurance
  • Selling or maintaining real estate
  • Signing legal documents and tax forms

“Durable” means the POA remains valid even after you can no longer make decisions for yourself.

Healthcare Power of Attorney

A Healthcare Power of Attorney designates someone you trust to make medical decisions on your behalf when you are unable to do so.

Your agent can:

  • Communicate with doctors and hospitals
  • Approve or decline medical procedures
  • Make decisions about long-term care or hospice
  • Access medical records as permitted by HIPAA

This document is often paired with a living will to provide additional clarity about your wishes for end-of-life care.

Limited or Special Power of Attorney

A Limited Power of Attorney gives your agent the authority to act on your behalf in very specific situations or for a defined time period.

Examples include:

  • Selling property while you are out of town
  • Handling a single legal or business transaction
  • Authorizing someone to sign documents at closing

Once the task is complete or the timeframe expires, the authority ends automatically.

Springing Power of Attorney

A Springing Power of Attorney becomes effective only if you become incapacitated, based on criteria you set—such as certification by a physician.

While this may appeal to clients who want to maintain full control while healthy, it can delay urgent decisions due to the verification requirements. It’s important to weigh these pros and cons with your attorney.

General (Non-Durable) Power of Attorney

A General Power of Attorney grants broad authority to your agent over financial and legal matters—but it ends immediately if you become incapacitated.

This type is typically used for temporary delegation of authority, such as when you're traveling or temporarily unavailable. It’s not ideal for long-term incapacity planning.

Choosing the Right Agent

Who Can Serve as an Agent Under Ohio Law?

Under Ohio law, your agent must be:

  • At least 18 years old
  • Of sound mind
  • Willing to accept the responsibility

You can appoint almost anyone—spouse, adult child, sibling, friend, or professional fiduciary. However, your agent should be someone who understands your values, is capable of managing your affairs, and will respect your wishes even under pressure.

What to Consider When Choosing an Agent

Not all trustworthy individuals make good agents. Before making your decision, consider:

  • Trustworthiness – Can they act responsibly and keep your best interests in mind?
  • Availability – Are they geographically close or able to respond quickly in emergencies?
  • Decision-Making Ability – Are they calm under stress, organized, and capable of working with professionals (doctors, financial advisors, attorneys)?
  • Communication Skills – Will they clearly convey your wishes and handle any family or professional conversations with tact?

Choosing someone emotionally and mentally equipped to handle these responsibilities is critical—especially when major financial or medical decisions are involved.

Naming Backup Agents and Setting Clear Limitations

It’s also wise to:

  • Appoint one or more backup agents in case your primary agent is unwilling or unable to serve
  • Set clear limits on what your agent can and cannot do (e.g., restrict access to certain accounts, limit authority to a specific period or circumstance)

At KBH, we help you build in these safeguards and contingencies, so your plan remains effective regardless of future changes.

Guidance for Family Dynamics or Sensitive Relationships

In families where tensions exist—or where multiple children or relatives are involved—choosing an agent can feel delicate. You may worry about hurt feelings, disagreements, or future conflicts.

We offer neutral, confidential advice to help you:

  • Make a decision that protects your interests
  • Maintain fairness and transparency where appropriate
  • Communicate your choice in a way that reduces confusion or resentment

For many Indian Hill families, our role includes not only legal planning but preserving harmony and legacy.

Secure Your Future with Confidence

Protect your future and ease the burden on your loved ones by putting the right Power of Attorney in place today. Whether you're planning for long-term care, managing complex assets, or simply preparing for the unexpected, Keller, Barrett & Higgins is here to help.

We guide Indian Hill clients through the process of creating clear, customized POA documents that reflect their goals, honor their values, and ensure trusted individuals are empowered to act when it matters most.

📞 Call us today at (513) 351-6058 📩 Or contact us online to schedule your private consultation with an estate planning attorney who understands the unique needs of Indian Hill families.

Plan ahead—because peace of mind starts with preparation.