Do I Need a Durable Power of Attorney?
If you are going to take the time to have a Will drafted, you might as well do it right. The reason you are considering a Will in the first place is most likely because you want to help and protect your family. So why not take all steps necessary to provide the most help and protection possible? At a minimum, you should have the following:
1. Last Will and Testament
2. Health Care Directive(also referred to as a “Living Will”)
3. Health Care Power of Attorney
4. Durable Power of Attorney
I have discussed these in previous posts, so feel free to review on my website, https://www.rundlettlawfirm.com/blog
However, I recently was asked about how the Durable Power of Attorney works. A durable power of attorney is a document that provides a person you designate with all of the ammunition and tools that could ever be needed to step in and act on your behalf if you become incapacitated. The best thing about the Durable Power is that it will avoid the long, drawn out, expensive, complicated court process that would be needed without it. Without the power, a conservator must be appointed by the Chancery Court to handle the needs of an incapacitated person. You’ve heard “the wheels of justice turn slowly”. Well, it’s no different with a conservatorship.
One important point about the Durable Power of Attorney is that it is in full force and effect at the time of signing. It is only revocable upon your express revocation or death. So it is very important to choose the person being granted this power carefully. Most married people choose their spouse. But singles need to make sure the person is someone they trust without hesitation or doubt.
Feel free to call if you have any questions, and have a great day!