Powers of  Attorney

We strongly recommend that each one of our clients should have a durable power of attorney.

A power of attorney is a document by which a person authorizes another person to act as agent or “attorney-in-fact” for him or her in banking and business transactions during his or her lifetime.   A “durable” power of attorney continues to be effective if the maker later becomes incapacitated; a non-durable power of attorney would become null and void upon the maker’s incapacity, however, any power of attorney, both durable or non-durable, will become null and void upon the maker’s death. 

If a person does become physically or mentally incapacitated, and he or she has not made a valid power of attorney, it is often necessary to apply to the courts to have a guardian (formerly called a “conservator”) appointed to manage his or her affairs.  This can be a complicated, time consuming and expensive process involving court hearings, court appointed lawyers, evaluators and the involvement of medical professionals.  With a valid power of attorney in place, there would be no need for a court appointed guardian, and the client, not a judge, gets to decide who will act for him or her when the need arises.

 A power of attorney, however, does not cover medical care and treatment decisions.   This requires a separate document known as a living will coupled with a health care proxy.

Our office has prepared hundreds of powers of attorney for our clients, many of whom ask us to safekeep their powers of attorneys at our office, which we do at no charge, to be released by us to the client upon the client’s request, or when we are assured that the facts warrant its release and use.  

Call us for a no cost appointment to review and discuss your situation. We’ll give you honest, individualized and straightforward advice about how you can achieve your objectives, and answer any questions you may have.