Planning for Incapacity Frequently Asked Questions

A Durable Power of Attorney for Finances allows an agent (also known as 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 and 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 or health care decisions on your behalf. Your spouse or children do not automatically have the authority to make those decisions simply because they are your family. A court-ordered guardianship or conservatorship must be entered in order for them to do so.