Protect Yourself with a Durable Power of Attorney





If you want to fully protect yourself when creating your estate plan, don’t forget to ask your estate planning attorney about putting together a durable power of attorney (DPOA). There two different types of durable powers of attorney that you should consider to ensure that the person or persons you choose will be in charge of decisions regarding your personal affairs.

Without a durable power of attorney, your family may need to go to court if you are incapacitated to determine who has the authority to make financial or health-related decisions for you. This could lead to unnecessary stress and expense for your family, and could invade your privacy if the court proceedings are made public.

Features of a Durable Power of Attorney

Many people find durable powers of attorney useful because they can be used whenever necessary up until a person dies. It is possible that over the course of your life you could become incapacitated more than once, and during those times somebody else will need to make decisions for you regarding your healthcare and finances.

A durable power of attorney loses its power when you die, because other legal documents like your will come into play. A durable power of attorney will also lose its power when you recover from your illness or accident and are again able to make decisions for yourself.

DPOA: Things to Consider

Some people mistakenly think that they don’t need a durable power of attorney if they already have a living will. A living will documents the preferences of a terminally ill individual and is not intended to be used in case of an unexpected illness or accident from which the person is likely to recover.

If you create a durable power of attorney, you should carefully select the person who will be able to make decisions for you. You can create two kinds of durable powers of attorney – a financial or a healthcare power of attorney – and pick different people for each one.

Make sure when assigning authority to a person on your DPOA that you pick a friend or family member who is close enough to you to know your wishes and whom you trust to follow through as you would want. Make sure that you discuss your wishes with the person you choose for your DPOA.

Having a durable power of attorney in place will ensure that you get to decide who will make some very important decisions on your behalf. The last thing you want is for your friends and family to fight over key financial or health-related issues or have to seek legal intervention to make decisions.

To speak with an experienced estate planning attorney in Pennsylvania, please contact the Wexford based office of Shields and Boris today.

Elder Law Offices of Shields and Boris

109 VIP Drive

Suite 200

Wexford, PA 15090

Toll Free: (888) 444-4093

Phone: (724) 934-5044


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