Planning for Incapacity FAQ

A Durable Power of Attorney is a document that allows an agent (also known as an attorney-in-fact) to make medical or financial decisions for you during your incapacity. Durable Powers of Attorney survive incapacity, unlike general non-durable powers of attorney, which do not.

They also help 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 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.

A Durable Power of Attorney for Health Care allows an agent (also known as a patient advocate) to make medical 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 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.