Legal and planning

Durable power of attorney

A durable power of attorney is a power of attorney that stays in effect if the person who signed it becomes incapacitated. The person names an agent to make financial decisions. Without the word durable, many powers of attorney end when the person can no longer decide.

Why it matters for your family

Durability is the feature families need most. A regular power of attorney may stop working at the moment it is needed. The National Institute on Aging says a durable power of attorney for finances names someone to make money choices when you cannot, and it is best set up while the person can still decide. A common mistake is waiting until a parent has advanced dementia. By then the parent may lack the capacity to sign, and the family may face court guardianship. Some documents start at once, and others start only on a trigger. Ask a lawyer which fits. This is general information, not legal advice.

Source: nia.nih.gov

Read more: What is Elder Law and Do You Need an Elder Care Attorney?

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