As the new year begins, many people in West Virginia are likely considering what goals they would like to work toward.

For many people, this includes eating healthier or spending less. However, some estate planning professionals recommend including the creation of a power of attorney and related documents as an important part of a person’s goals.

When a person becomes incapacitated either due to injury or illness, family members often experience a great deal of stress. By creating a financial power of attorney and naming someone to make medical decisions, a person can significantly help reduce the stress felt during such a time. If no one is named, family members may be unsure about the person’s wishes. In some cases, court action will be necessary to determine who will be able to make such decisions.

There are certain stipulations that can be put in place in a durable power of attorney. For example, a person can indicate when the named person will have power — immediately after the document is signed or only after a determination of mental incapacitation has been made. A stipulation regarding how that determination will be made can also be included.

In addition to naming someone to make financial and medical decisions, having a will as well as a properly funded trust can help families in a time that is likely filled with grief and stress.

Because of the variety of different of options available, many people in West Virginia place their confidence in experienced professionals to help them create their estate planning documents. Unfortunately, a person who creates their own documents could throw their estate in turmoil if mistakes are made.