A durable power of attorney (DPOA) along with a healthcare advance directive are important components of a comprehensive estate plan. These legal documents are for adults of any age, as unexpected events such as accidents and illnesses can happen to anyone. These documents authorize a trusted individual, referred to as the agent or attorney-in-fact, the right to act on behalf of the person granting the power (the principal) in all financial, legal and medical matters. The DPOA agent and the healthcare advance directive agent do not have to be the same individual. There are several strong arguments for why an individual should have a durable power of attorney and a healthcare advance directive.
If the principal becomes incapacitated due to illness, injury or mental decline, these legal documents ensure that someone they trust can make decisions for them. These documents make the intent of the principal clear and help prevent arguments between family members over the actions that need to be taken. Without a DPOA and healthcare advance directive, the principal’s loved ones would have to go through a lengthy and expensive legal process in order to gain court approval to obtain the same powers. In this case, the court will appoint a guardian or conservator to make decisions for the principal, which may not align with their preferences and may create disputes within the family.
Read More