Shields and Boris Blog on Elder Care, Health Care, and Caring in General

Have you considered a durable power of attorney?

Some people believe that if they have a will in place, they are all set as far as estate planning goes.  Unfortunately, if they become ill or otherwise incapacitated at the end of their life there could be problems if they don’t have a power of attorney.

If something happens in your life and you aren’t able to manage your personal affairs (for example, you are in a serious car accident or suffer from a sudden debilitating illness) somebody will need to make some very important decisions for you.

To protect yourself in case something unexpected happens, you should talk to your estate planning attorney about a durable power of attorney.

In fact, there are two kinds of durable powers of attorney (DPOA) that you should consider:

• Financial power of attorney: Also known as a durable power of attorney for finances, this document will allow somebody else to make financial decisions for you if you become incapacitated.  Without this kind of document, your spouse or other family member(s) may have to seek court approval to make decisions for you, adding unnecessary delays and expenses.
• Health care power of attorney: This document will give another person the authority to make health care decisions on your behalf.  This could become necessary if you unconscious, mentally incompetent, or otherwise unable to make decision for yourself.

Having these documents in place before something happens will not only help your family avoid intrusive and costly legal intervention into your affairs, but will also avoid family fights about what should happen with your finances or healthcare decisions when you aren’t able to speak for yourself.