Durable Power of Attorney
A durable power of attorney is a document that allows you to provide authority to someone (known as an agent or attorney-in-fact) to manage your personal property and finances if you are unable to do so due to incapacity.
Your agent can be given the legal authority to pay your bills, manage banking and investments, prepare tax returns, manage personal property and real estate, bring legal actions on your behalf, and even nominate a guardian for you or your minor children.
If you do not have a durable power of attorney and you become incapacitated, it will be too late for you to name an agent to manage your personal and financial affairs. Although family or friends may be able to manage some of your property, the court may have to appoint a guardian to manage it for you. Selling stocks, listing a house for sale and transferring title, withdrawing money from a bank account, and applying for insurance benefits are just some of the actions that may require a court-appointed guardian.
This process can be intrusive and expensive. The law requires that all actions of the guardian be approved by the court, which means the records are open to the public. You can avoid the hassle and heartache with proper planning while you are healthy, and having a plan in place will give you great peace of mind. Contact us today to get started.
What to consider when setting up Durable Power of Attorney
It’s important to choose the trusted individual carefully. This needs to be someone you trust to act in your best interest.
You’ll also need to consider the scope of authority you wish to grant. You can go narrow so that the POA is limited to specific tasks or you can have it cover broad financial and legal responsibilities. Remember, a Durable Power of Attorney stays in effect even if you become incapacitated.
Of course, this kind of authority is best paired with very clear instructions and limitations if needed. This ensures your wishes can be followed precisely (and easily).


Durable Power of Attorney Tips
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