Durable Power of Attorney: What it is and Why You Need One

A Durable Power of Attorney (DPOA) is an essential legal document that allows you to appoint someone you trust to handle your affairs in the event that you become incapacitated or otherwise unable to make decisions for yourself. The DPOA gives your chosen agent the power to make decisions regarding your finances, healthcare, and other matters that you would otherwise handle yourself.

What is a Durable Power of Attorney?

A DPOA is a legal document that gives an appointed agent the authority to act on your behalf in the event that you are unable to do so. The term “durable” means that the power of attorney remains in effect even if you become incapacitated. Without a durable power of attorney, your loved ones may have to go through a lengthy and expensive court process to be appointed as your guardian or conservator.

Why You Need a Durable Power of Attorney

There are several reasons why you need a Durable Power of Attorney, including:

• To ensure that your financial affairs are managed in a way that aligns with your wishes
• To allow your chosen agent to make decisions regarding your healthcare if you are unable to do so
• To avoid the cost and delay of court proceedings in the event that you become incapacitated
• To provide peace of mind knowing that your affairs are in good hands

Chosing an Agent for Your Durable Power of Attorney

When selecting an agent for your Durable Power of Attorney, it is important to choose someone you trust implicitly. Your agent should be someone who is responsible and level-headed, and who understands your values and wishes. It is also important to select an alternate agent in case your primary agent is unavailable or unable to act.

What Your Agent Can and Cannot Do

It is important to understand the limitations of your agent’s authority under your Durable Power of Attorney. Your agent can make decisions regarding your finances, healthcare, and other matters that you would otherwise handle yourself. However, your agent cannot make decisions that would be illegal or that go against your wishes.

Creating Your Durable Power of Attorney

To create a Durable Power of Attorney, you will need to work with an attorney who specializes in estate planning. Your attorney will help you draft the document and ensure that it meets all legal requirements. They will also advise you on the selection of your agent and any limitations or restrictions that should be included in the document.

Conclusion

A Durable Power of Attorney is an essential legal document that provides peace of mind and protects your interests in the event that you become incapacitated. By choosing a responsible and trustworthy agent and working with an attorney to draft the document, you can ensure that your affairs are managed according to your wishes.