This important document makes sure your personal affairs can be property handled without the delay and cost of court intervention.
The attorney-in-fact you appoint has the authority to do some or all of the following:
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Specifies how your property will be managed before and after your death, as well as provides a plan for how those assets, and the income earned by the trust, are distributed after your death.
Works in conjunction with your trust and ensures any remaining assets automatically transfer to a previously established trust upon death.
Appoints an agent who may run your business, and all your financial affairs, including but not limited to money management and bill paying — if you are incapacitated and unable to.
Designates who may make health care decisions for you if you become incapacitated. Also directs whether life support is desired when terminally ill.
Used by an acting trustee of a trust to prove to financial institutions or other third parties that they have authority to act on behalf of the trust.
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Our experts verify all financial power of attorney information during your personal interview
Most people choose a competent family member or close friend, but depending on the complexity of your finances you might ask your lawyer, business partner, or banker to serve as attorney-in-fact.
If you really know and trust the person, it’s most likely a good option.
You can tailor your Durable Power of Attorney for finances to fit your needs by choosing which powers you grant and by placing certain conditions and restrictions upon the attorney-in-fact.
For example, you can give your attorney-in-fact authority over your real estate, with the express restriction that your house may not be sold.
The main reason to create a Durable Power of Attorney for finances is to avoid court proceedings if you become incapacitated.
If you don’t have a Durable Power of Attorney, your relatives or other loved ones will have to file formal court proceedings and ask a judge to name someone to manage your financial affairs.
These proceedings are commonly known as conservatorship proceedings. Depending upon where you live, the person appointed to manage your finances is called a conservator, guardian of the estate, committee or curator.
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