Durable Power of Attorney: What Powers Does It Grant?
Ty McDuffey
April 26, 2024
|
The intelligent digital vault for families
Trustworthy protects and optimizes important family information so you can save time, money, and enjoy peace of mind
A durable power of attorney (DPOA) is an important part of estate planning, as it ensures your financial and legal affairs are managed according to your wishes if you cannot do so yourself.
We’ll explore what a durable power of attorney allows you to do, the types of powers it can grant, and how Trustworthy can help you securely store and manage this important document.
Key Takeaways:
A durable power of attorney allows you to designate someone to make financial, legal, and medical decisions on your behalf if you become incapacitated.
The powers granted by a DPOA can be broad or limited, depending on your specific needs and preferences.
Regularly reviewing and updating your DPOA is one way to ensure it reflects your current wishes and circumstances.
What Does a Durable Power of Attorney Allow You to Do?
The specific powers granted by a DPOA can be tailored to your unique needs and preferences, but some common powers include:
1. Financial Management
One of the primary purposes of a durable power of attorney is to allow your attorney-in-fact to manage your financial affairs if you become incapacitated. This can include powers such as:
Accessing your bank accounts and managing your bills and expenses: Your attorney-in-fact can access your bank accounts, write checks, and make deposits or withdrawals as needed.
Making investment decisions on your behalf: They can manage your investment portfolio, make trades, and consult with financial advisors to ensure your investments are aligned with your goals and risk tolerance.
Filing your tax returns and managing your tax obligations: They can prepare and file your tax returns, communicate with the IRS or state tax agencies on your behalf, and ensure any taxes owed are paid in a timely manner.
Buying, selling, or refinancing real estate properties: They can make decisions about buying, selling, or refinancing real estate properties on your behalf.
Managing your insurance policies and making claims as needed: They can manage your insurance policies, including health, life, disability, and property insurance.
2. Legal Affairs
A durable power of attorney can also grant your attorney-in-fact the authority to handle your legal affairs. This can include powers such as:
Signing contracts and legal documents on your behalf: Your attorney-in-fact can sign contracts, agreements, and other legal documents on your behalf, such as leases, business contracts, or powers of attorney.
Representing you in legal proceedings: If you are involved in a legal dispute or lawsuit, they can represent you in court proceedings, mediation, or arbitration.
Hiring and communicating with attorneys and other legal professionals: They can hire attorneys, paralegals, or other legal professionals on your behalf and communicate with them about your legal matters.
Making decisions related to your business or professional interests: If you own a business or have professional interests, they can make decisions related to these matters, such as signing contracts, managing employees, or making financial decisions.
3. Healthcare Decisions
While a separate healthcare power of attorney is often used to designate someone to make medical decisions on your behalf, a durable power of attorney can also include healthcare-related powers. These might include:
Accessing your medical records and communicating with your healthcare providers: Your attorney-in-fact can access your medical records, communicate with your doctors and other healthcare providers, and make decisions about your medical care based on your wishes and best interests.
Making decisions about your medical treatment if you're unable to do so yourself: If you become incapacitated and unable to make your own medical decisions, they can make decisions about your treatment, such as consenting to or refusing medical procedures, medications, or surgeries.
Arranging for your care in a hospital, nursing home, or other facility: If you require care in a hospital, nursing home, or other medical facility, they can arrange for your admission, communicate with staff about your needs, and make decisions about your care and treatment.
Making decisions about end-of-life care, such as hospice or palliative care: If you are terminally ill or nearing the end of life, they can make decisions about your care.
Personal and Family Matters
In addition to financial, legal, and healthcare powers, a durable power of attorney can grant your attorney-in-fact the authority to handle personal and family matters on your behalf. This might include:
Managing your household and personal property: Your attorney-in-fact can manage your household affairs, such as paying rent or mortgage, utilities, and other household expenses.
Making decisions about your living arrangements, such as moving to a nursing home or assisted living facility: If you require long-term care or assisted living, they can research options, tour facilities, and make decisions about your living arrangements.
Communicating with your family members and loved ones about your care and well-being: They can inform your family members and loved ones about your health status, care needs, and decisions made on your behalf.
Making travel arrangements or managing your transportation needs: If you require transportation for medical appointments, travel, or other needs, they can make arrangements for you.
Regularly Reviewing and Updating Your DPOA
Once you've created a durable power of attorney, reviewing and updating it regularly is important to ensure it reflects your current wishes and circumstances. Some events that might prompt a review of your DPOA include:
Changes in your health or cognitive abilities
Changes in your financial or legal situation
Changes in your relationship with your chosen attorney-in-fact
Changes in state laws or regulations governing powers of attorney
Attorney Jane Haskins, Esq., explains:
“You can revoke a durable POA at any time, as long as you're of sound mind. You should do this in writing. It's also a good idea to notify financial institutions and other businesses that your agent has dealt with. Durable POAs automatically terminate on the death of the person granting the power of attorney.”
By keeping your DPOA up to date, you can ensure someone will manage your affairs according to your current preferences and that your attorney-in-fact will have the authority to act on your behalf.
Storing and Sharing Your DPOA with Trustworthy
A durable power of attorney is a key component of your estate plan, and it's important to store it securely. You also must ensure your attorney-in-fact and other relevant parties can access it when needed. Trustworthy offers a secure online platform for storing and sharing your DPOA and other essential estate planning documents.
With Trustworthy’s unique features, you can:
Upload and store your DPOA and other important documents in a secure, encrypted digital vault
Share your DPOA with your attorney-in-fact and other trusted individuals
Set permissions to control who can access and view your documents
Receive reminders to review and update your DPOA regularly
Access your documents from anywhere, at any time, using any device
By storing your DPOA with Trustworthy, you can have peace of mind knowing that this document is protected and easily accessible when needed.
It's important to note that a durable power of attorney is only valid during your lifetime. If you pass away, your attorney-in-fact's authority ends, and your estate will be managed according to the terms of your will or trust.
FAQs
Who should I choose as my attorney-in-fact?
When selecting an attorney-in-fact, choose someone who is trustworthy, reliable, and understands your wishes and values. They should be able to make difficult decisions under pressure, have financial and legal acumen, and be willing to take on the responsibilities of the role. Consider their physical and mental capacity to serve in this position.
How is a Durable Power of Attorney different from a general power of attorney?
The main difference between a durable power of attorney and a general power of attorney lies in its validity after the principal becomes incapacitated. A general power of attorney typically ceases to be effective if the principal loses mental capacity. A durable power of attorney is specifically intended to continue its effectiveness even after the principal is no longer mentally competent to handle their affairs.
Durable Power of Attorney: What Powers Does It Grant?
Ty McDuffey
April 26, 2024
|
A durable power of attorney (DPOA) is an important part of estate planning, as it ensures your financial and legal affairs are managed according to your wishes if you cannot do so yourself.
We’ll explore what a durable power of attorney allows you to do, the types of powers it can grant, and how Trustworthy can help you securely store and manage this important document.
Key Takeaways:
A durable power of attorney allows you to designate someone to make financial, legal, and medical decisions on your behalf if you become incapacitated.
The powers granted by a DPOA can be broad or limited, depending on your specific needs and preferences.
Regularly reviewing and updating your DPOA is one way to ensure it reflects your current wishes and circumstances.
What Does a Durable Power of Attorney Allow You to Do?
The specific powers granted by a DPOA can be tailored to your unique needs and preferences, but some common powers include:
1. Financial Management
One of the primary purposes of a durable power of attorney is to allow your attorney-in-fact to manage your financial affairs if you become incapacitated. This can include powers such as:
Accessing your bank accounts and managing your bills and expenses: Your attorney-in-fact can access your bank accounts, write checks, and make deposits or withdrawals as needed.
Making investment decisions on your behalf: They can manage your investment portfolio, make trades, and consult with financial advisors to ensure your investments are aligned with your goals and risk tolerance.
Filing your tax returns and managing your tax obligations: They can prepare and file your tax returns, communicate with the IRS or state tax agencies on your behalf, and ensure any taxes owed are paid in a timely manner.
Buying, selling, or refinancing real estate properties: They can make decisions about buying, selling, or refinancing real estate properties on your behalf.
Managing your insurance policies and making claims as needed: They can manage your insurance policies, including health, life, disability, and property insurance.
2. Legal Affairs
A durable power of attorney can also grant your attorney-in-fact the authority to handle your legal affairs. This can include powers such as:
Signing contracts and legal documents on your behalf: Your attorney-in-fact can sign contracts, agreements, and other legal documents on your behalf, such as leases, business contracts, or powers of attorney.
Representing you in legal proceedings: If you are involved in a legal dispute or lawsuit, they can represent you in court proceedings, mediation, or arbitration.
Hiring and communicating with attorneys and other legal professionals: They can hire attorneys, paralegals, or other legal professionals on your behalf and communicate with them about your legal matters.
Making decisions related to your business or professional interests: If you own a business or have professional interests, they can make decisions related to these matters, such as signing contracts, managing employees, or making financial decisions.
3. Healthcare Decisions
While a separate healthcare power of attorney is often used to designate someone to make medical decisions on your behalf, a durable power of attorney can also include healthcare-related powers. These might include:
Accessing your medical records and communicating with your healthcare providers: Your attorney-in-fact can access your medical records, communicate with your doctors and other healthcare providers, and make decisions about your medical care based on your wishes and best interests.
Making decisions about your medical treatment if you're unable to do so yourself: If you become incapacitated and unable to make your own medical decisions, they can make decisions about your treatment, such as consenting to or refusing medical procedures, medications, or surgeries.
Arranging for your care in a hospital, nursing home, or other facility: If you require care in a hospital, nursing home, or other medical facility, they can arrange for your admission, communicate with staff about your needs, and make decisions about your care and treatment.
Making decisions about end-of-life care, such as hospice or palliative care: If you are terminally ill or nearing the end of life, they can make decisions about your care.
Personal and Family Matters
In addition to financial, legal, and healthcare powers, a durable power of attorney can grant your attorney-in-fact the authority to handle personal and family matters on your behalf. This might include:
Managing your household and personal property: Your attorney-in-fact can manage your household affairs, such as paying rent or mortgage, utilities, and other household expenses.
Making decisions about your living arrangements, such as moving to a nursing home or assisted living facility: If you require long-term care or assisted living, they can research options, tour facilities, and make decisions about your living arrangements.
Communicating with your family members and loved ones about your care and well-being: They can inform your family members and loved ones about your health status, care needs, and decisions made on your behalf.
Making travel arrangements or managing your transportation needs: If you require transportation for medical appointments, travel, or other needs, they can make arrangements for you.
Regularly Reviewing and Updating Your DPOA
Once you've created a durable power of attorney, reviewing and updating it regularly is important to ensure it reflects your current wishes and circumstances. Some events that might prompt a review of your DPOA include:
Changes in your health or cognitive abilities
Changes in your financial or legal situation
Changes in your relationship with your chosen attorney-in-fact
Changes in state laws or regulations governing powers of attorney
Attorney Jane Haskins, Esq., explains:
“You can revoke a durable POA at any time, as long as you're of sound mind. You should do this in writing. It's also a good idea to notify financial institutions and other businesses that your agent has dealt with. Durable POAs automatically terminate on the death of the person granting the power of attorney.”
By keeping your DPOA up to date, you can ensure someone will manage your affairs according to your current preferences and that your attorney-in-fact will have the authority to act on your behalf.
Storing and Sharing Your DPOA with Trustworthy
A durable power of attorney is a key component of your estate plan, and it's important to store it securely. You also must ensure your attorney-in-fact and other relevant parties can access it when needed. Trustworthy offers a secure online platform for storing and sharing your DPOA and other essential estate planning documents.
With Trustworthy’s unique features, you can:
Upload and store your DPOA and other important documents in a secure, encrypted digital vault
Share your DPOA with your attorney-in-fact and other trusted individuals
Set permissions to control who can access and view your documents
Receive reminders to review and update your DPOA regularly
Access your documents from anywhere, at any time, using any device
By storing your DPOA with Trustworthy, you can have peace of mind knowing that this document is protected and easily accessible when needed.
It's important to note that a durable power of attorney is only valid during your lifetime. If you pass away, your attorney-in-fact's authority ends, and your estate will be managed according to the terms of your will or trust.
FAQs
Who should I choose as my attorney-in-fact?
When selecting an attorney-in-fact, choose someone who is trustworthy, reliable, and understands your wishes and values. They should be able to make difficult decisions under pressure, have financial and legal acumen, and be willing to take on the responsibilities of the role. Consider their physical and mental capacity to serve in this position.
How is a Durable Power of Attorney different from a general power of attorney?
The main difference between a durable power of attorney and a general power of attorney lies in its validity after the principal becomes incapacitated. A general power of attorney typically ceases to be effective if the principal loses mental capacity. A durable power of attorney is specifically intended to continue its effectiveness even after the principal is no longer mentally competent to handle their affairs.
Durable Power of Attorney: What Powers Does It Grant?
Ty McDuffey
April 26, 2024
|
The intelligent digital vault for families
Trustworthy protects and optimizes important family information so you can save time, money, and enjoy peace of mind
A durable power of attorney (DPOA) is an important part of estate planning, as it ensures your financial and legal affairs are managed according to your wishes if you cannot do so yourself.
We’ll explore what a durable power of attorney allows you to do, the types of powers it can grant, and how Trustworthy can help you securely store and manage this important document.
Key Takeaways:
A durable power of attorney allows you to designate someone to make financial, legal, and medical decisions on your behalf if you become incapacitated.
The powers granted by a DPOA can be broad or limited, depending on your specific needs and preferences.
Regularly reviewing and updating your DPOA is one way to ensure it reflects your current wishes and circumstances.
What Does a Durable Power of Attorney Allow You to Do?
The specific powers granted by a DPOA can be tailored to your unique needs and preferences, but some common powers include:
1. Financial Management
One of the primary purposes of a durable power of attorney is to allow your attorney-in-fact to manage your financial affairs if you become incapacitated. This can include powers such as:
Accessing your bank accounts and managing your bills and expenses: Your attorney-in-fact can access your bank accounts, write checks, and make deposits or withdrawals as needed.
Making investment decisions on your behalf: They can manage your investment portfolio, make trades, and consult with financial advisors to ensure your investments are aligned with your goals and risk tolerance.
Filing your tax returns and managing your tax obligations: They can prepare and file your tax returns, communicate with the IRS or state tax agencies on your behalf, and ensure any taxes owed are paid in a timely manner.
Buying, selling, or refinancing real estate properties: They can make decisions about buying, selling, or refinancing real estate properties on your behalf.
Managing your insurance policies and making claims as needed: They can manage your insurance policies, including health, life, disability, and property insurance.
2. Legal Affairs
A durable power of attorney can also grant your attorney-in-fact the authority to handle your legal affairs. This can include powers such as:
Signing contracts and legal documents on your behalf: Your attorney-in-fact can sign contracts, agreements, and other legal documents on your behalf, such as leases, business contracts, or powers of attorney.
Representing you in legal proceedings: If you are involved in a legal dispute or lawsuit, they can represent you in court proceedings, mediation, or arbitration.
Hiring and communicating with attorneys and other legal professionals: They can hire attorneys, paralegals, or other legal professionals on your behalf and communicate with them about your legal matters.
Making decisions related to your business or professional interests: If you own a business or have professional interests, they can make decisions related to these matters, such as signing contracts, managing employees, or making financial decisions.
3. Healthcare Decisions
While a separate healthcare power of attorney is often used to designate someone to make medical decisions on your behalf, a durable power of attorney can also include healthcare-related powers. These might include:
Accessing your medical records and communicating with your healthcare providers: Your attorney-in-fact can access your medical records, communicate with your doctors and other healthcare providers, and make decisions about your medical care based on your wishes and best interests.
Making decisions about your medical treatment if you're unable to do so yourself: If you become incapacitated and unable to make your own medical decisions, they can make decisions about your treatment, such as consenting to or refusing medical procedures, medications, or surgeries.
Arranging for your care in a hospital, nursing home, or other facility: If you require care in a hospital, nursing home, or other medical facility, they can arrange for your admission, communicate with staff about your needs, and make decisions about your care and treatment.
Making decisions about end-of-life care, such as hospice or palliative care: If you are terminally ill or nearing the end of life, they can make decisions about your care.
Personal and Family Matters
In addition to financial, legal, and healthcare powers, a durable power of attorney can grant your attorney-in-fact the authority to handle personal and family matters on your behalf. This might include:
Managing your household and personal property: Your attorney-in-fact can manage your household affairs, such as paying rent or mortgage, utilities, and other household expenses.
Making decisions about your living arrangements, such as moving to a nursing home or assisted living facility: If you require long-term care or assisted living, they can research options, tour facilities, and make decisions about your living arrangements.
Communicating with your family members and loved ones about your care and well-being: They can inform your family members and loved ones about your health status, care needs, and decisions made on your behalf.
Making travel arrangements or managing your transportation needs: If you require transportation for medical appointments, travel, or other needs, they can make arrangements for you.
Regularly Reviewing and Updating Your DPOA
Once you've created a durable power of attorney, reviewing and updating it regularly is important to ensure it reflects your current wishes and circumstances. Some events that might prompt a review of your DPOA include:
Changes in your health or cognitive abilities
Changes in your financial or legal situation
Changes in your relationship with your chosen attorney-in-fact
Changes in state laws or regulations governing powers of attorney
Attorney Jane Haskins, Esq., explains:
“You can revoke a durable POA at any time, as long as you're of sound mind. You should do this in writing. It's also a good idea to notify financial institutions and other businesses that your agent has dealt with. Durable POAs automatically terminate on the death of the person granting the power of attorney.”
By keeping your DPOA up to date, you can ensure someone will manage your affairs according to your current preferences and that your attorney-in-fact will have the authority to act on your behalf.
Storing and Sharing Your DPOA with Trustworthy
A durable power of attorney is a key component of your estate plan, and it's important to store it securely. You also must ensure your attorney-in-fact and other relevant parties can access it when needed. Trustworthy offers a secure online platform for storing and sharing your DPOA and other essential estate planning documents.
With Trustworthy’s unique features, you can:
Upload and store your DPOA and other important documents in a secure, encrypted digital vault
Share your DPOA with your attorney-in-fact and other trusted individuals
Set permissions to control who can access and view your documents
Receive reminders to review and update your DPOA regularly
Access your documents from anywhere, at any time, using any device
By storing your DPOA with Trustworthy, you can have peace of mind knowing that this document is protected and easily accessible when needed.
It's important to note that a durable power of attorney is only valid during your lifetime. If you pass away, your attorney-in-fact's authority ends, and your estate will be managed according to the terms of your will or trust.
FAQs
Who should I choose as my attorney-in-fact?
When selecting an attorney-in-fact, choose someone who is trustworthy, reliable, and understands your wishes and values. They should be able to make difficult decisions under pressure, have financial and legal acumen, and be willing to take on the responsibilities of the role. Consider their physical and mental capacity to serve in this position.
How is a Durable Power of Attorney different from a general power of attorney?
The main difference between a durable power of attorney and a general power of attorney lies in its validity after the principal becomes incapacitated. A general power of attorney typically ceases to be effective if the principal loses mental capacity. A durable power of attorney is specifically intended to continue its effectiveness even after the principal is no longer mentally competent to handle their affairs.
Durable Power of Attorney: What Powers Does It Grant?
Ty McDuffey
April 26, 2024
|
The intelligent digital vault for families
Trustworthy protects and optimizes important family information so you can save time, money, and enjoy peace of mind
A durable power of attorney (DPOA) is an important part of estate planning, as it ensures your financial and legal affairs are managed according to your wishes if you cannot do so yourself.
We’ll explore what a durable power of attorney allows you to do, the types of powers it can grant, and how Trustworthy can help you securely store and manage this important document.
Key Takeaways:
A durable power of attorney allows you to designate someone to make financial, legal, and medical decisions on your behalf if you become incapacitated.
The powers granted by a DPOA can be broad or limited, depending on your specific needs and preferences.
Regularly reviewing and updating your DPOA is one way to ensure it reflects your current wishes and circumstances.
What Does a Durable Power of Attorney Allow You to Do?
The specific powers granted by a DPOA can be tailored to your unique needs and preferences, but some common powers include:
1. Financial Management
One of the primary purposes of a durable power of attorney is to allow your attorney-in-fact to manage your financial affairs if you become incapacitated. This can include powers such as:
Accessing your bank accounts and managing your bills and expenses: Your attorney-in-fact can access your bank accounts, write checks, and make deposits or withdrawals as needed.
Making investment decisions on your behalf: They can manage your investment portfolio, make trades, and consult with financial advisors to ensure your investments are aligned with your goals and risk tolerance.
Filing your tax returns and managing your tax obligations: They can prepare and file your tax returns, communicate with the IRS or state tax agencies on your behalf, and ensure any taxes owed are paid in a timely manner.
Buying, selling, or refinancing real estate properties: They can make decisions about buying, selling, or refinancing real estate properties on your behalf.
Managing your insurance policies and making claims as needed: They can manage your insurance policies, including health, life, disability, and property insurance.
2. Legal Affairs
A durable power of attorney can also grant your attorney-in-fact the authority to handle your legal affairs. This can include powers such as:
Signing contracts and legal documents on your behalf: Your attorney-in-fact can sign contracts, agreements, and other legal documents on your behalf, such as leases, business contracts, or powers of attorney.
Representing you in legal proceedings: If you are involved in a legal dispute or lawsuit, they can represent you in court proceedings, mediation, or arbitration.
Hiring and communicating with attorneys and other legal professionals: They can hire attorneys, paralegals, or other legal professionals on your behalf and communicate with them about your legal matters.
Making decisions related to your business or professional interests: If you own a business or have professional interests, they can make decisions related to these matters, such as signing contracts, managing employees, or making financial decisions.
3. Healthcare Decisions
While a separate healthcare power of attorney is often used to designate someone to make medical decisions on your behalf, a durable power of attorney can also include healthcare-related powers. These might include:
Accessing your medical records and communicating with your healthcare providers: Your attorney-in-fact can access your medical records, communicate with your doctors and other healthcare providers, and make decisions about your medical care based on your wishes and best interests.
Making decisions about your medical treatment if you're unable to do so yourself: If you become incapacitated and unable to make your own medical decisions, they can make decisions about your treatment, such as consenting to or refusing medical procedures, medications, or surgeries.
Arranging for your care in a hospital, nursing home, or other facility: If you require care in a hospital, nursing home, or other medical facility, they can arrange for your admission, communicate with staff about your needs, and make decisions about your care and treatment.
Making decisions about end-of-life care, such as hospice or palliative care: If you are terminally ill or nearing the end of life, they can make decisions about your care.
Personal and Family Matters
In addition to financial, legal, and healthcare powers, a durable power of attorney can grant your attorney-in-fact the authority to handle personal and family matters on your behalf. This might include:
Managing your household and personal property: Your attorney-in-fact can manage your household affairs, such as paying rent or mortgage, utilities, and other household expenses.
Making decisions about your living arrangements, such as moving to a nursing home or assisted living facility: If you require long-term care or assisted living, they can research options, tour facilities, and make decisions about your living arrangements.
Communicating with your family members and loved ones about your care and well-being: They can inform your family members and loved ones about your health status, care needs, and decisions made on your behalf.
Making travel arrangements or managing your transportation needs: If you require transportation for medical appointments, travel, or other needs, they can make arrangements for you.
Regularly Reviewing and Updating Your DPOA
Once you've created a durable power of attorney, reviewing and updating it regularly is important to ensure it reflects your current wishes and circumstances. Some events that might prompt a review of your DPOA include:
Changes in your health or cognitive abilities
Changes in your financial or legal situation
Changes in your relationship with your chosen attorney-in-fact
Changes in state laws or regulations governing powers of attorney
Attorney Jane Haskins, Esq., explains:
“You can revoke a durable POA at any time, as long as you're of sound mind. You should do this in writing. It's also a good idea to notify financial institutions and other businesses that your agent has dealt with. Durable POAs automatically terminate on the death of the person granting the power of attorney.”
By keeping your DPOA up to date, you can ensure someone will manage your affairs according to your current preferences and that your attorney-in-fact will have the authority to act on your behalf.
Storing and Sharing Your DPOA with Trustworthy
A durable power of attorney is a key component of your estate plan, and it's important to store it securely. You also must ensure your attorney-in-fact and other relevant parties can access it when needed. Trustworthy offers a secure online platform for storing and sharing your DPOA and other essential estate planning documents.
With Trustworthy’s unique features, you can:
Upload and store your DPOA and other important documents in a secure, encrypted digital vault
Share your DPOA with your attorney-in-fact and other trusted individuals
Set permissions to control who can access and view your documents
Receive reminders to review and update your DPOA regularly
Access your documents from anywhere, at any time, using any device
By storing your DPOA with Trustworthy, you can have peace of mind knowing that this document is protected and easily accessible when needed.
It's important to note that a durable power of attorney is only valid during your lifetime. If you pass away, your attorney-in-fact's authority ends, and your estate will be managed according to the terms of your will or trust.
FAQs
Who should I choose as my attorney-in-fact?
When selecting an attorney-in-fact, choose someone who is trustworthy, reliable, and understands your wishes and values. They should be able to make difficult decisions under pressure, have financial and legal acumen, and be willing to take on the responsibilities of the role. Consider their physical and mental capacity to serve in this position.
How is a Durable Power of Attorney different from a general power of attorney?
The main difference between a durable power of attorney and a general power of attorney lies in its validity after the principal becomes incapacitated. A general power of attorney typically ceases to be effective if the principal loses mental capacity. A durable power of attorney is specifically intended to continue its effectiveness even after the principal is no longer mentally competent to handle their affairs.
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Is Estate Planning a Legitimate Business Expense: Unveiling The Truth
Is Estate Planning a Legitimate Business Expense: Unveiling The Truth
Mar 15, 2024
Mar 15, 2024
Does Right of Survivorship Trump a Will: Legal Insights
Does Right of Survivorship Trump a Will: Legal Insights
Mar 13, 2024
Mar 13, 2024
Palliative Care at Home: Understanding Insurance Coverage
Palliative Care at Home: Understanding Insurance Coverage
Mar 13, 2024
Mar 13, 2024
Navigating Insurance Coverage for Hospice Care A Complete Guide
Navigating Insurance Coverage for Hospice Care A Complete Guide
Mar 9, 2024
Mar 9, 2024
Choosing an Estate Planning Attorney: Traits of Excellence
Choosing an Estate Planning Attorney: Traits of Excellence
Mar 7, 2024
Mar 7, 2024
Can Family Overrule an Advance Directive? What You Need to Know
Can Family Overrule an Advance Directive? What You Need to Know
Mar 7, 2024
Mar 7, 2024
Funding Hospice Care in Nursing Homes: Who Bears the Cost?
Funding Hospice Care in Nursing Homes: Who Bears the Cost?
Mar 5, 2024
Mar 5, 2024
Who Can Legally Witness an Advance Directive? Know Your Rights
Who Can Legally Witness an Advance Directive? Know Your Rights
Mar 5, 2024
Mar 5, 2024
Exploring Hospice Care: What’s Not Included?
Exploring Hospice Care: What’s Not Included?
Mar 5, 2024
Mar 5, 2024
Respite Care in Hospice: Providing Relief for Caregivers
Respite Care in Hospice: Providing Relief for Caregivers
Mar 5, 2024
Mar 5, 2024
Exploring the Spectrum: Different Types of Advance Directives
Exploring the Spectrum: Different Types of Advance Directives
Feb 28, 2024
Feb 28, 2024
Deciding on Hospice Care: Knowing When It's Time
Deciding on Hospice Care: Knowing When It's Time
Feb 27, 2024
Feb 27, 2024
Hospice Care Duration: How Long Can It Last?
Hospice Care Duration: How Long Can It Last?
Feb 27, 2024
Feb 27, 2024
Hospice Care Timeline: Estimating How Long to Live
Hospice Care Timeline: Estimating How Long to Live
Feb 22, 2024
Feb 22, 2024
Doctor-Ordered Hospice Care: When and Why It Happens
Doctor-Ordered Hospice Care: When and Why It Happens
Feb 20, 2024
Feb 20, 2024
Funeral Planning Timeline: How Long Does it Really Take?
Funeral Planning Timeline: How Long Does it Really Take?
Feb 15, 2024
Feb 15, 2024
Writing a Heartfelt Obituary for Your Husband: Inspiring Examples
Writing a Heartfelt Obituary for Your Husband: Inspiring Examples
Feb 14, 2024
Feb 14, 2024
Planning Your Funeral: The Best Age To Start
Planning Your Funeral: The Best Age To Start
Feb 14, 2024
Feb 14, 2024
Crafting a Loving Obituary For Your Son: Meaningful Examples
Crafting a Loving Obituary For Your Son: Meaningful Examples
Jan 18, 2024
Jan 18, 2024
Improving Communication Between Caregivers and Doctors
Improving Communication Between Caregivers and Doctors
Nov 29, 2023
Nov 29, 2023
Can Anyone Get a Copy of a Death Certificate? Who Is Authorized?
Can Anyone Get a Copy of a Death Certificate? Who Is Authorized?
Nov 25, 2023
Nov 25, 2023
Original Death Certificate vs. Certified Copy: Key Differences And Why They Matter
Original Death Certificate vs. Certified Copy: Key Differences And Why They Matter
Nov 25, 2023
Nov 25, 2023
How Do You Handle Negative Aspects of the Deceased's Life in a Eulogy?
How Do You Handle Negative Aspects of the Deceased's Life in a Eulogy?
Nov 25, 2023
Nov 25, 2023
Can There Be More Then One Eulogy at a Funeral? Etiquette Explained
Can There Be More Then One Eulogy at a Funeral? Etiquette Explained
Nov 24, 2023
Nov 24, 2023
My Dad Died, Can I Get His Retirement Pension?
My Dad Died, Can I Get His Retirement Pension?
Nov 24, 2023
Nov 24, 2023
How Many Copies of a Death Certificate Should You Get?
How Many Copies of a Death Certificate Should You Get?
Nov 24, 2023
Nov 24, 2023
Can a Eulogy Be Funny? Yes, Here Are 10 Respectful but Funny Examples
Can a Eulogy Be Funny? Yes, Here Are 10 Respectful but Funny Examples
Nov 24, 2023
Nov 24, 2023
How Do You Receive Inheritance Money WITHOUT any issues?
How Do You Receive Inheritance Money WITHOUT any issues?
Nov 17, 2023
Nov 17, 2023
Who Gets The Tax Refund of A Deceased Person? An Accountant Answers
Who Gets The Tax Refund of A Deceased Person? An Accountant Answers
Nov 17, 2023
Nov 17, 2023
How To Start a Eulogy: 15 Heartfelt Examples
How To Start a Eulogy: 15 Heartfelt Examples
Nov 14, 2023
Nov 14, 2023
How To Discuss End-of-Life Care With Parents (Simple Guide)
How To Discuss End-of-Life Care With Parents (Simple Guide)
Nov 14, 2023
Nov 14, 2023
How To Cancel a Deceased Person's Subscriptions the EASY Way
How To Cancel a Deceased Person's Subscriptions the EASY Way
Nov 8, 2023
Nov 8, 2023
What Should You Not Put in a Eulogy (9 Things To Avoid)
What Should You Not Put in a Eulogy (9 Things To Avoid)
Nov 7, 2023
Nov 7, 2023
How Are Estates Distributed If There's No Will? A Lawyer Explains Intestate
How Are Estates Distributed If There's No Will? A Lawyer Explains Intestate
Nov 6, 2023
Nov 6, 2023
Does Microsoft Word Have an Obituary Template?
Does Microsoft Word Have an Obituary Template?
Nov 6, 2023
Nov 6, 2023
How To Post an Obituary on Facebook: A Step-by-Step Guide
How To Post an Obituary on Facebook: A Step-by-Step Guide
Nov 6, 2023
Nov 6, 2023
Why Do You Need A Death Certificate For Estate & Probate Process?
Why Do You Need A Death Certificate For Estate & Probate Process?
Nov 2, 2023
Nov 2, 2023
How Do I Correct Errors on a Death Certificate? And, How Long Does It Take?
How Do I Correct Errors on a Death Certificate? And, How Long Does It Take?
Nov 2, 2023
Nov 2, 2023
12 Steps For Writing a Eulogy For Mom
12 Steps For Writing a Eulogy For Mom
Nov 2, 2023
Nov 2, 2023
12 Steps for Writing a Eulogy for Dad
12 Steps for Writing a Eulogy for Dad
Nov 1, 2023
Nov 1, 2023
Who Does The Obituary When Someone Dies?
Who Does The Obituary When Someone Dies?
Nov 1, 2023
Nov 1, 2023
How Late Is Too Late For An Obituary? 6 Steps To Take Today
How Late Is Too Late For An Obituary? 6 Steps To Take Today
Nov 1, 2023
Nov 1, 2023
How Much Does It Cost To Publish An Obituary? Breaking It Down
How Much Does It Cost To Publish An Obituary? Breaking It Down
Nov 1, 2023
Nov 1, 2023
6 Reasons You Need an Obituary (Plus 6 Reasons You Don't)
6 Reasons You Need an Obituary (Plus 6 Reasons You Don't)
Oct 30, 2023
Oct 30, 2023
Where Do You Post an Obituary: A Step-By-Step Guide
Where Do You Post an Obituary: A Step-By-Step Guide
Oct 30, 2023
Oct 30, 2023
Obituary vs Death Note: What Are the Key Differences?
Obituary vs Death Note: What Are the Key Differences?
Oct 5, 2023
Oct 5, 2023
Buying A House With Elderly Parent: 10 Things To Know
Buying A House With Elderly Parent: 10 Things To Know
Sep 14, 2023
Sep 14, 2023
I'm Trapped Caring for Elderly Parents
I'm Trapped Caring for Elderly Parents
Oct 5, 2023
Oct 5, 2023
401(k) and Minors: Can a Minor be a Beneficiary?
401(k) and Minors: Can a Minor be a Beneficiary?
Sep 12, 2023
Sep 12, 2023
How to Self-Direct Your 401(k): Take Control of Your Retirement
How to Self-Direct Your 401(k): Take Control of Your Retirement
Aug 3, 2023
Aug 3, 2023
The Ultimate Guide to Decluttering and Simplifying Your Home as You Age
The Ultimate Guide to Decluttering and Simplifying Your Home as You Age
Aug 3, 2023
Aug 3, 2023
The Essential Guide to Preparing for Retirement
The Essential Guide to Preparing for Retirement
Aug 3, 2023
Aug 3, 2023
Estate Planning For Blended Families (Complete Guide)
Estate Planning For Blended Families (Complete Guide)
Aug 3, 2023
Aug 3, 2023
Estate Planning For Physicians (Complete Guide)
Estate Planning For Physicians (Complete Guide)
Jul 14, 2023
Jul 14, 2023
Are You Legally Responsible For Your Elderly Parents?
Are You Legally Responsible For Your Elderly Parents?
Jun 7, 2023
Jun 7, 2023
How To Travel With Elderly Parent: Here's How to Prepare
How To Travel With Elderly Parent: Here's How to Prepare
Jun 6, 2023
Jun 6, 2023
Checklist For Moving A Parent To Assisted Living
Checklist For Moving A Parent To Assisted Living
Jun 6, 2023
Jun 6, 2023
How to Set Up A Trust For An Elderly Parent: 6 Easy Steps
How to Set Up A Trust For An Elderly Parent: 6 Easy Steps
Jun 6, 2023
Jun 6, 2023
How To Stop Elderly Parents From Giving Money Away (9 Tips)
How To Stop Elderly Parents From Giving Money Away (9 Tips)
Jun 6, 2023
Jun 6, 2023
Should Elderly Parents Sign Over Their House? Pros & Cons
Should Elderly Parents Sign Over Their House? Pros & Cons
May 17, 2023
May 17, 2023
Estate Planning: A Comprehensive Guide
Estate Planning: A Comprehensive Guide
May 2, 2023
May 2, 2023
Helping Elderly Parents: The Complete Guide
Helping Elderly Parents: The Complete Guide
May 1, 2023
May 1, 2023
Trustworthy guide: How to organize your digital information
Trustworthy guide: How to organize your digital information
Apr 15, 2023
Apr 15, 2023
Can My Husband Make a Will Without My Knowledge?
Can My Husband Make a Will Without My Knowledge?
Apr 15, 2023
Apr 15, 2023
What is a Last Will and Testament (also known as a Will)?
What is a Last Will and Testament (also known as a Will)?
Apr 15, 2023
Apr 15, 2023
Can A Wife Sell Deceased Husband's Property (6 Rules)
Can A Wife Sell Deceased Husband's Property (6 Rules)
Apr 15, 2023
Apr 15, 2023
Should I Shred Documents Of A Deceased Person? (5 Tips)
Should I Shred Documents Of A Deceased Person? (5 Tips)
Apr 15, 2023
Apr 15, 2023
Can I Change My Power of Attorney Without A Lawyer?
Can I Change My Power of Attorney Without A Lawyer?
Apr 15, 2023
Apr 15, 2023
Can You Have Two Power of Attorneys? (A Lawyer Answers)
Can You Have Two Power of Attorneys? (A Lawyer Answers)
Apr 15, 2023
Apr 15, 2023
Do Attorneys Keep Copies Of a Will? (4 Things To Know)
Do Attorneys Keep Copies Of a Will? (4 Things To Know)
Apr 15, 2023
Apr 15, 2023
Estate Planning for a Special Needs Child (Complete Guide)
Estate Planning for a Special Needs Child (Complete Guide)
Apr 15, 2023
Apr 15, 2023
Estate Planning For Childless Couples (Complete Guide)
Estate Planning For Childless Couples (Complete Guide)
Apr 15, 2023
Apr 15, 2023
Estate Planning For Elderly Parents (Complete Guide)
Estate Planning For Elderly Parents (Complete Guide)
Apr 15, 2023
Apr 15, 2023
Estate Planning For High Net Worth & Large Estates
Estate Planning For High Net Worth & Large Estates
Apr 15, 2023
Apr 15, 2023
Estate Planning For Irresponsible Children (Complete Guide)
Estate Planning For Irresponsible Children (Complete Guide)
Apr 15, 2023
Apr 15, 2023
How To Get Power of Attorney For Parent With Dementia?
How To Get Power of Attorney For Parent With Dementia?
Apr 15, 2023
Apr 15, 2023
I Lost My Power of Attorney Papers, Now What?
I Lost My Power of Attorney Papers, Now What?
Apr 15, 2023
Apr 15, 2023
Is It Better To Sell or Rent An Inherited House? (Pros & Cons)
Is It Better To Sell or Rent An Inherited House? (Pros & Cons)
Apr 15, 2023
Apr 15, 2023
Is It Wrong To Move Away From Elderly Parents? My Advice
Is It Wrong To Move Away From Elderly Parents? My Advice
Apr 15, 2023
Apr 15, 2023
Moving An Elderly Parent Into Your Home: What To Know
Moving An Elderly Parent Into Your Home: What To Know
Apr 15, 2023
Apr 15, 2023
Moving An Elderly Parent to Another State: What To Know
Moving An Elderly Parent to Another State: What To Know
Apr 15, 2023
Apr 15, 2023
What If Witnesses To A Will Cannot Be Found? A Lawyer Answers
What If Witnesses To A Will Cannot Be Found? A Lawyer Answers
Apr 15, 2023
Apr 15, 2023
What To Bring To Estate Planning Meeting (Checklist)
What To Bring To Estate Planning Meeting (Checklist)
Apr 15, 2023
Apr 15, 2023
When Should You Get An Estate Plan? (According To A Lawyer)
When Should You Get An Estate Plan? (According To A Lawyer)
Apr 15, 2023
Apr 15, 2023
Which Sibling Should Take Care of Elderly Parents?
Which Sibling Should Take Care of Elderly Parents?
Apr 15, 2023
Apr 15, 2023
Who Can Override A Power of Attorney? (A Lawyer Answers)
Who Can Override A Power of Attorney? (A Lawyer Answers)
Apr 15, 2023
Apr 15, 2023
Can Power of Attorney Sell Property Before Death?
Can Power of Attorney Sell Property Before Death?
Apr 15, 2023
Apr 15, 2023
Can The Executor Of A Will Access Bank Accounts? (Yes, Here's How)
Can The Executor Of A Will Access Bank Accounts? (Yes, Here's How)
Apr 15, 2023
Apr 15, 2023
Complete List of Things To Do For Elderly Parents (Checklist)
Complete List of Things To Do For Elderly Parents (Checklist)
Apr 15, 2023
Apr 15, 2023
How To Get Power of Attorney For A Deceased Person?
How To Get Power of Attorney For A Deceased Person?
Apr 15, 2023
Apr 15, 2023
How To Help Elderly Parents From A Distance? 7 Tips
How To Help Elderly Parents From A Distance? 7 Tips
Apr 15, 2023
Apr 15, 2023
Legal Documents For Elderly Parents: Checklist
Legal Documents For Elderly Parents: Checklist
Apr 15, 2023
Apr 15, 2023
Selling Elderly Parents Home: How To Do It + Mistakes To Avoid
Selling Elderly Parents Home: How To Do It + Mistakes To Avoid
Apr 15, 2023
Apr 15, 2023
What To Do When A Sibling Is Manipulating Elderly Parents
What To Do When A Sibling Is Manipulating Elderly Parents
Apr 6, 2023
Apr 6, 2023
Can An Out of State Attorney Write My Will? (A Lawyer Answers)
Can An Out of State Attorney Write My Will? (A Lawyer Answers)
Mar 15, 2023
Mar 15, 2023
Settling an Estate: A Step-by-Step Guide
Settling an Estate: A Step-by-Step Guide
Feb 10, 2023
Feb 10, 2023
My Deceased Husband Received A Check In The Mail (4 Steps To Take)
My Deceased Husband Received A Check In The Mail (4 Steps To Take)
Feb 7, 2023
Feb 7, 2023
The Benefits of Working With an Experienced Estate Planning Attorney
The Benefits of Working With an Experienced Estate Planning Attorney
Feb 6, 2023
Feb 6, 2023
How To Track Elderly Parents' Phone (2 Options)
How To Track Elderly Parents' Phone (2 Options)
Feb 1, 2023
Feb 1, 2023
Can You Collect Your Parents' Social Security When They Die?
Can You Collect Your Parents' Social Security When They Die?
Feb 1, 2023
Feb 1, 2023
How Do I Stop VA Benefits When Someone Dies (Simple Guide)
How Do I Stop VA Benefits When Someone Dies (Simple Guide)
Feb 1, 2023
Feb 1, 2023
Can You Pay Money Into A Deceased Person's Bank Account?
Can You Pay Money Into A Deceased Person's Bank Account?
Feb 1, 2023
Feb 1, 2023
Deleting A Facebook Account When Someone Dies (Step by Step)
Deleting A Facebook Account When Someone Dies (Step by Step)
Feb 1, 2023
Feb 1, 2023
Does The DMV Know When Someone Dies?
Does The DMV Know When Someone Dies?
Feb 1, 2023
Feb 1, 2023
How To Find A Deceased Person's Lawyer (5 Ways)
How To Find A Deceased Person's Lawyer (5 Ways)
Feb 1, 2023
Feb 1, 2023
How To Plan A Celebration Of Life (10 Steps With Examples)
How To Plan A Celebration Of Life (10 Steps With Examples)
Feb 1, 2023
Feb 1, 2023
How To Stop Mail Of A Deceased Person? A Simple Guide
How To Stop Mail Of A Deceased Person? A Simple Guide
Feb 1, 2023
Feb 1, 2023
How to Stop Social Security Direct Deposit After Death
How to Stop Social Security Direct Deposit After Death
Feb 1, 2023
Feb 1, 2023
How To Transfer Firearms From A Deceased Person (3 Steps)
How To Transfer Firearms From A Deceased Person (3 Steps)
Feb 1, 2023
Feb 1, 2023
How To Write An Obituary (5 Steps With Examples)
How To Write An Obituary (5 Steps With Examples)
Feb 1, 2023
Feb 1, 2023
Unlock iPhone When Someone Dies (5 Things To Try)
Unlock iPhone When Someone Dies (5 Things To Try)
Feb 1, 2023
Feb 1, 2023
What Happens To A Leased Vehicle When Someone Dies?
What Happens To A Leased Vehicle When Someone Dies?
Jan 31, 2023
Jan 31, 2023
Do Wills Expire? 6 Things To Know
Do Wills Expire? 6 Things To Know
Jan 31, 2023
Jan 31, 2023
How To Get Into a Deceased Person's Computer (Microsoft & Apple)
How To Get Into a Deceased Person's Computer (Microsoft & Apple)
Jan 31, 2023
Jan 31, 2023
Why Do Funeral Homes Take Fingerprints of the Deceased?
Why Do Funeral Homes Take Fingerprints of the Deceased?
Jan 31, 2023
Jan 31, 2023
What To Do If Your Deceased Parents' Home Is In Foreclosure
What To Do If Your Deceased Parents' Home Is In Foreclosure
Jan 31, 2023
Jan 31, 2023
Questions To Ask An Estate Attorney After Death (Checklist)
Questions To Ask An Estate Attorney After Death (Checklist)
Jan 31, 2023
Jan 31, 2023
What Happens If a Deceased Individual Owes Taxes?
What Happens If a Deceased Individual Owes Taxes?
Jan 31, 2023
Jan 31, 2023
Components of Estate Planning: 6 Things To Consider
Components of Estate Planning: 6 Things To Consider
Jan 22, 2023
Jan 22, 2023
What To Do If Insurance Check Is Made Out To A Deceased Person
What To Do If Insurance Check Is Made Out To A Deceased Person
Jan 8, 2023
Jan 8, 2023
What Does a Typical Estate Plan Include?
What Does a Typical Estate Plan Include?
Apr 15, 2022
Apr 15, 2022
Can I Do A Video Will? (Is It Legitimate & What To Consider)
Can I Do A Video Will? (Is It Legitimate & What To Consider)
Apr 15, 2022
Apr 15, 2022
Estate Planning For Green Card Holders (Complete Guide)
Estate Planning For Green Card Holders (Complete Guide)
Mar 2, 2022
Mar 2, 2022
What Does Your “Property” Mean?
What Does Your “Property” Mean?
Mar 2, 2022
Mar 2, 2022
What is the Uniform Trust Code? What is the Uniform Probate Code?
What is the Uniform Trust Code? What is the Uniform Probate Code?
Mar 2, 2022
Mar 2, 2022
Do You Need to Avoid Probate?
Do You Need to Avoid Probate?
Mar 2, 2022
Mar 2, 2022
How is a Trust Created?
How is a Trust Created?
Mar 2, 2022
Mar 2, 2022
What Are Advance Directives?
What Are Advance Directives?
Mar 2, 2022
Mar 2, 2022
What does a Trustee Do?
What does a Trustee Do?
Mar 2, 2022
Mar 2, 2022
What is an Estate Plan? (And why you need one)
What is an Estate Plan? (And why you need one)
Mar 2, 2022
Mar 2, 2022
What is Probate?
What is Probate?
Mar 2, 2022
Mar 2, 2022
What Is Your Domicile & Why It Matters
What Is Your Domicile & Why It Matters
Mar 2, 2022
Mar 2, 2022
What Is a Power of Attorney for Finances?
What Is a Power of Attorney for Finances?
Mar 1, 2022
Mar 1, 2022
Should your family consider an umbrella insurance policy?
Should your family consider an umbrella insurance policy?
Mar 1, 2022
Mar 1, 2022
Do I need a digital power of attorney?
Do I need a digital power of attorney?
Apr 6, 2020
Apr 6, 2020
What Exactly is a Trust?
What Exactly is a Trust?