Understanding the Benefits of Having a Durable Power of Attorney

A Durable Power of Attorney, also known as DPOA, is a legal document, access to it means the person has the legal right to make decisions on another person’s behalf, especially when the person is unable to do so. The Durable Power of Attorney is a little bit different from the standard power of attorney, which immediately turns invalid when the person is incapacitated. In these situations the DPOA stays active and acts as an important support for handling cases, financial and healthcare included.

What is a durable power of attorney

As DPOA is a part of the power of attorney, it is important to understand the difference between DPOA and general durable power of attorney . The first descriptive feature DPOA has is continuous access to decision-making on behalf of another person. This includes managing different means while the person can’t and includes both personal and financial decisions. For example, it helps the authorized person maintain the incapacitated person’s financial stability, or make sure the person receives the best healthcare based on their health condition. While the general power of attorney combines features with DPOA.

When it comes to financial decisions, DPOA allows the person to specify the authority level the trusted person will get. Whether broad or limited, this type of power of attorney allows personalizing the management of the person’s assets and healthcare decisions.

DPOA to avoid conservatorship

In many cases, when there is no Durable Power of Attorney, the person has to go through a court-appointed conservatorship, which is typically lengthy and has a certain price. This process is based on a judicial overview, which leads to disputes deciding on who will get the durable power of attorney of the person who is incapacitated. This authority is also dedicated to protecting the potential mental incapacity of the person, for example, dementia or other cognitive impairments, during which the person can’t manage and handle their own finances and make decisions regarding their health and treatment options.

Flexible solution for authorization

DPOA has a flexible essence, which means that it can be valid immediately after signing the contract, or after the person is determined unable to make decisions for themselves due to a certain issue. This allows the individual to choose when and how they will allow another person to get the legal rights to make decisions on their behalf.

The cost-effectiveness of getting a DPOA

Getting a durable power of attorney saves time, effort, and even financial means for the person who wants to give someone authority for certain decisions on their behalf. So, after getting an official PDOA, the person reduces time on potential conservatorships or guardianships. In other words, it’s a more accessible alternative for many.

Considerations and potential drawbacks

As we already know, a DPOA is a form of power of attorney that gives another person the right to handle another person’s decisions. This is why, it is highly important and recommended to give this type of access only to trusted people, who won’t abuse their power regarding the person’s rights, including finances.

Now, let’s explore these principles more closely. Starting from the risk of abuse as the person gains significant control over the other person’s affairs, there is some percentage of misuse or financial abuse. This is one of the many reasons why it is not recommended to give this type of access to anyone.

The DPOA is managed and handled without court supervision, which is why, it is important to get professional supervision while giving this type of authority to someone. For example, the person can get professional help while giving a general durable power of attorney to someone, to get better guidance and avoid hidden risks while signing the contract.

If there is a risk of losing physical or mental capacities over time, it is highly important to create and sign this type of document while in good health. This will not only help the person decide on choosing the right person for the role but will also help them make a full-conscious choice while understanding the consequences of the document.

The situations where DPOA is especially advantageous

The concept of the overall DPOA is to allow a trusted someone to manage and handle the person’s affairs while they are unable to do so. The cases, why the person creates this type of document, can be different. For example, a person can get a DPOA to have someone trusted on their business and finances while they are traveling or are away for various reasons. The elderly also can get a DPOA to have someone trusted to manage and handle various decisions on their behalf. DPOA is also beneficial for medical emergencies, including sudden injuries and illnesses. It is also widely used in cases of cognitive dysfunction, including Alzheimer’s and or other forms of dementia.

The overall DPOA is for having someone trusted to protect and handle our affairs legally when we can’t. It’s a form of legal authority that needs a thorough examination and consideration before signing. So, before making it official, the person should make sure to fully understand the concept of this document, as well as handle the process with professional supervision.