Durable Power of Attorney

A Power of Attorney is a grant of authority by the Principal to a person whom the Principal appoints as his or her Agent or Attorney-in-Fact. A Power of Attorney is an important estate planning tool.

A Durable Power of Attorney (“DPOA”) empowers your Attorney-in-Fact to act on your behalf. A DPOA may address both financial and health care decisions. A DPOA may take effect immediately or only upon incapacity of the Principal.

A DPOA for Financial decisions empowers your Agent to act on your behalf regarding financial matters. Authorizing your Agent to act on your behalf does not take away your ability to make financial decisions if you are able. Typically a trusted family member is authorized as your Attorney-in-Fact. If you become incapacitated, your Attorney-in-Fact is authorized to make decisions on your behalf.

A DPOA for Health Care empowers your Agent to make health care decisions on your behalf if you are unable to do so. Typically, you authorize a family member to be in charge of medical decisions when you are unable to communicate your wishes.

It is important that you make known your desires concerning medical treatment and end of life decisions. An advance Health Care Directive is an important estate planning document that expresses your wishes.

Your Attorney-in-Fact is held to the standard of a fiduciary and is required to act in your best interests and according to the wishes you have expressed.

A DPOA is a simple and inexpensive way to avoid guardianship. If a person is alleged to be incapacitated but has executed a DPOA for Financial and Health Care decisions, then the court may not require a guardianship. Rather, the Attorney-in-Fact, the Agent that the Principal has designated will have the authority to make decisions on behalf of the incapacitated person.

We can provide counsel so that you understand what a “Power of Attorney” is and why it is important to you and your family. We can assist in helping you determine who would be an appropriate Attorney-in-Fact to designate as your Agent. We will draft the DPOA that is appropriate for you.

If you would like to discuss questions about Durable Power of Attorney, please contact us at info@lynnstlouis.com or (509) 468-0551.