25 Years Of Experience In Elder Law, Guardianship And Estates

Who to choose with a durable power of attorney

On Behalf of | Mar 12, 2024 | Elder Law, Estate Planning |

If you’re using a durable power of attorney as part of your estate plan, you are focusing on what would happen if you became incapacitated. For instance, you could suffer from a stroke that leaves you unable to communicate with family members and with your medical team.

With a durable power of attorney, you authorize someone else to do things on your behalf. For instance, you may authorize them to make legal or financial decisions, like paying your taxes, accessing your bank account or handling your property. 

Are they reliable?

When choosing a person to put in this role, one of the key things to ask yourself is if they are reliable and trustworthy. Will they really put your best interests first? You also want to consider if they have the cognitive ability to handle complicated medical, legal or financial tasks.

Are they nearby?

Keep in mind that a power of attorney is often used in an emergency situation. It can be beneficial if the person that you choose lives relatively close to you and your family but with technology these days it is not a requirement.

Are they willing?

Finally, make sure you have a conversation with the person that you want to choose before selecting them. You may assume that they’d be willing to take on this job, but not everyone is. 

Drafting your documents.

Do you believe you know who you want to choose with your durable power of attorney? Once you decide, then you just need to know what legal steps to take to draft the proper documentation.