A Durable Power of Attorney is a document that allows an agent/attorney-in-fact to make medical or financial decisions for you during your incapacity. These kinds of Durable Powers of Attorney survive incapacity unlike a general non-durable powers of attorney which do not. Also, Durable Powers of Attorney avoid the lengthy, frustrating, and costly probate court process of appointing a guardian and conservator to make those decisions on your behalf.

A Durable Power of Attorney for health care allows an agent/patient advocate to make financial decisions on your behalf, during your incapacity. Without a Durable Power of Attorney for health care, it may be necessary for one of your loved ones, including your spouse or adult child to petition a court to be appointed guardian in order to make medical decisions for you when you are incapacitated. This guardianship process is time consuming, expensive, often costing thousands of dollars and it can be emotionally draining for your family.

A Durable Power of Attorney for finances allows an agent or an attorney-in-fact to make financial decisions on your behalf, during your incapacity. Without a Durable Power of Attorney for finances, it may be necessary for one of your loved ones, including your spouse or adult child to petition a court to be appointed conservator in order to make financial decisions for you when you are incapacitated. This conservatorship process is time consuming, expensive, often costing thousands of dollars and it can be emotionally draining for your family.

No. If you become incapacitated your family members will have to petition the probate court in your applicable jurisdiction to make financial and/or health care decisions on your behalf. Your spouse or children do not automatically make those decisions for you just because they are your family. A court ordered guardianship or conservatorship must be entered in order to make those decisions.