Wills and Estate Planning: How To Make Sure You Have A Durable Power Of Attorney

By on February 5, 2018

A durable of attorney can provide you with vital assistance at a juncture in time at which you are not able to make certain decisions for yourself. There are two different types of durable powers of attorney, according to Cornell University School of Law. There is a durable power of attorney for healthcare and there is a durable power of attorney for financial matters. If you want to fully protect the full spectrum of your legal interests, medical and financial, you will want to be certain that you have both types of powers of attorney.

Wills and Estate Planning: How To Make Sure You Have A Durable Power Of Attorney

What Is a Durable Power of Attorney

You also need to understand that not all powers of attorney are durable. A standard power of attorney will lack a provision regarding durability. A standard power of attorney that is not durable is only in force and effect until you become incapacitated. In other words, you may have a reason to have someone assist in dealing with your financial affairs. However, you require such assistance not because you are incapacitated, but for any number of other reasons. Should you become incapacitated in any manner, a standard power of attorney will cease to be in force and effect.

A durable power of attorney contains a specific provision that either brings it into effect if you become incapacitated or that keeps it in force if you do become incapacitated. This is the durability provision.

Identifying a Durability Clause

You can make certain that a power of attorney is durable in one primary way. Contained within a durable power of attorney, both for healthcare and financial purposes, is a clause that specific states that it remains in force and effect if you become incapacitated in any way.

Although an instrument may say “durable power of attorney” at the top, the language referenced a moment ago must be included. If a dispute ever arose regarding the effect of an instrument purporting to be a durable power of attorney because of a heading, if the referenced clause is not present, the document is not likely to be considered a durable power of attorney.

Legal Assistance

If you have questions about an existing power of attorney or if you need a durable power of attorney, you should consider scheduling a consultation with the Klotz Jean Law Office. During an initial consultation, you can obtain detailed information about a durable power of attorney.

You will also have the opportunity to ask any specific questions you might have about a durable power of attorney. There is not fee charged for an initial consultation.

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