What is a Durable Power of Attorney?

When it comes to planning for your future, a durable power of attorney (DPOA) is an essential legal tool that ensures that your financial, legal, and personal affairs are managed according to your wishes. In this article, we will delve into the specifics of durable power of attorneys in New Jersey and New York, including its benefits and how it differs from a general power of attorney.

What is a Durable Power of Attorney?

You may have heard of a medical power of attorney, or a healthcare proxy, which gives someone else permission to make medical decisions on your behalf. Similarly, a DPOA gives another person permission to make financial and legal decisions on your behalf. You can use this document to select a trusted individual, also known as your agent, to manage your finances if you are incapacitated in any way. This person will be allowed to access your bank accounts, pay your bills, and manage your assets. Without this document, your family would need to seek a court-appointed guardian to handle your finances. Seeking a guardian takes a lot of time and expense, while at the same time, your bills, loan obligations and any other financial responsibilities still remain and can potentially become overdue.

Having a well-prepared DPOA is important for ensuring your wishes are carried out if you’re unable to make decisions due to illness, injury, or other situations. A DPOA allows your appointed agent to handle your financial, legal, and personal affairs, providing you and your family with peace of mind during challenging times.

Alternatives to a Durable Power of Attorney

You may have also heard of a general power of attorney, which, like a durable power of attorney, grants the agent the power to manage your affairs. A key distinction between a general power of attorney and a durable power of attorney is that a general power of attorney becomes void if the principal becomes mentally incapacitated or unable to make decisions for themselves. In contrast, a durable power of attorney remains effective even in such situations.

Another option is a springing power of attorney which, in contrast to a general power of attorney, becomes active upon the occurrence of a specific event. Often, the incapacity of the principal is used as the triggering event for springing power of attorneys.

Customizing Your Durable Power of Attorney

While there are standard powers given to agents in a DPOA, an attorney can customize the document by including additional powers or limitations based on your specific needs and circumstances. The scope of your agent’s authority can also be as broad or limited as you desire, ensuring that they manage your affairs in line with your intentions.

You may find form power of attorneys online, however, these standard power of attorneys may likely fall short of your individual needs and circumstances. That is why it is important to consult with a seasoned attorney to craft a power of attorney that works for you.

Benefits and Risks of Choosing a Durable Power of Attorney

Durable power of attorneys are beneficial because they eliminate potentially costly delays in the management of your affairs. Because the durable power of attorney remains in effect in the event that you become incapacitated, you can avoid lengthy court proceedings to determine who gets to manage your affairs, saving time and expense. You also eliminate difficulty and delay in getting a doctor to certify you are incapacitated so your agent can act, which is what is required for a springing power of attorney to become effective.  

Durable power of attorneys also allow for consistency of decision making before and after you become incapacitated. Having a durable power of attorney will allow you and your loved ones to rest assured that your affairs will be properly managed just in case you become incapacitated.

On the other hand, a durable power of attorney begets the risk of abuse by the agent once you become incapacitated. This is why choosing a trustworthy agent is crucial when creating a DPOA because the agent will have the authority to make decisions on your behalf and manage your financial, legal, and personal affairs. 

The importance of choosing a trustworthy agent cannot be overstated. An unreliable agent may not act in your best interests, which could lead to financial mismanagement, poor decision-making, or even exploitation. In contrast, a reliable agent will ensure that your wishes are carried out and your best interests are protected. By carefully selecting a trustworthy agent, you can ensure that your affairs will be managed according to your intentions, providing you and your family with peace of mind during difficult times. 

Conclusion

A durable power of attorney is a vital component of estate planning. By understanding its benefits and customizing it to suit your needs, you can ensure that your financial, legal, and personal affairs are managed according to your wishes, even if you become incapacitated. If you’re considering creating a DPOA, consult with our experienced New York and New Jersey estate planning attorneys at The Chamberlain Law Firm. You can reach us through our contact form, or by calling us at  (201) 273-9763.

This article is for informational purposes only. It is not intended as legal advice. In the event you would like to speak with a lawyer about the specifics of your case, contact The Chamberlain Law Firm at (201) 273-9763 to schedule a consultation.