Phone for an appointment   503-846-0707
MCKEAN & KNAUPP ATTORNEYS
  • Home
  • People
    • Matthew C. McKean
    • Benjamin D. Knaupp
    • Maggie Donohue
    • Catherine Stainken
    • Paul Lemieux
  • Areas of Practice
    • Estate Planning >
      • Estate Planning
      • Lifetime Planning
      • Planning for Children
      • Charitable Planning
    • Probate, Estate and Trust Administration
    • Adoption
    • Guardianships & Conservatorships
    • Elder Law - Long Term Care >
      • Medicaid
    • Business Law >
      • Resources >
        • Elder Law
        • Legal Links
        • Business
        • Community
        • Real Estate
      • Formation of Business Organizations
      • Drafting of Entity Documents
      • General Business Counsel
    • Real Estate
  • Contact
  • Events
  • Blog

The Perils of Delay

5/9/2025

0 Comments

 
Picture

The perils of delay

The truth is, there comes a point when it’s too late to create an estate plan—and often that is due to accidents or illness.

Your life is awash with conflicting priorities: Work, family, friends and daily responsibilities. Estate planning is often something to "get to later." Ignoring it can seriously impact to your young family. For younger families, pre-planning financial and medical decisions for each of you is critical.

The Risk of Waiting Too Long:
To create a Power of Attorney, Advance Directive, Will or Trust you must have Testamentary Capacity—the ability to understand:
✔ The nature and extent of your assets,
✔ Who you agents and beneficiaries are,
✔ The impact of the decisions you are making.

Sudden injuries or illnesses will rob you of Testamentary Capacity. Your plans may be challenged in court, leading to legal disputes, delays, unnecessary costs and decisions you would not have wanted.


By the time you or your family realize the urgency, it may already be too late to act.

The Consequences of Not Planning

1. Family Disputes and Legal Challenges
Family members may disagree over who is doing what – Resulting in costly legal battles and creating lasting family disputes.

2. Custody, Financial and Medical Decisions
Make plans for child custody, Power of Attorney (POA) and healthcare directives to appoint trusted individuals. Without these, critical decisions about your children, healthcare, finances, and long-term care may be in the hands of the court.

3. Expensive and Lengthy Court Processes
A sudden need for long term care without Power of Attorney means your loved ones must seek guardianship or conservatorship to care for you—a court proceeding that determines who will make financial and healthcare decisions. This is
🔹 Time-consuming (often taking months or years),
🔹 Expensive (with court and legal fees draining financial resources),
🔹 Stressful for family members, leading to unnecessary emotional and financial burdens.

4. Difficulty Accessing Funds for Medical or Long-Term Care

Without an estate plan, families struggle to access funds, leading to delays in getting proper care or being forced into lower-quality, temporary options. A tragic accident can cut off access to necessary funds. Care facilities will require financial arrangements to cover the costs.

Protect Yourself and Your Loved Ones

Estate planning is about protecting your family during your life and after your death.
Planning early ensures:

You remain in control of your financial and medical decisions, even if you are incapacitated.
Your loved ones avoid unnecessary stress, legal battles, and expenses.
Your healthcare and long-term care needs are met, without delays or financial hardships.
Your estate is distributed according to your wishes, without costly court interference.

The best time to create an estate plan is now. Don’t wait until it’s too late.

Take Action Today

An effective estate plan is critical for you and your family.

Avoid last-minute stress, legal disputes, and unnecessary financial burdens.

📞Contact us today to make a plan

McKean & Knaupp Attorneys, LLC
503-846-0707
101 SW Washington St.,
      Hillsboro, Oregon 97123
#Estate Plan #Probate #Will #Trust
0 Comments



Leave a Reply.

    Author

    McKean & Knaupp Attorneys

    Archives

    November 2025
    October 2025
    June 2025
    May 2025
    April 2025

© 2024 McKean & Knaupp Attorneys,LLC

101 SW Washington Street, Hillsboro, OR 97123