Top 5 Reasons to Create a Power of Attorney Now

Estate planning is not just about what happens after you pass—it’s also about protecting your interests during your lifetime. One of the most powerful and often overlooked tools in any estate plan is the Durable Power of Attorney (DPOA).

A Durable Power of Attorney allows you to appoint someone you trust—called your agent or attorney-in-fact—to manage your financial or legal affairs if you become incapacitated. Unlike a regular power of attorney, a DPOA remains effective even if you lose mental capacity.

Still unsure if you need one? Here are the top five reasons to create a Durable Power of Attorney today.

1. Prepare for Unexpected Incapacity

Accidents, serious illness, or age-related cognitive decline can strike at any time. Without a DPOA, if you become incapacitated, your loved ones would have to go through a court process—often costly and time-consuming—to obtain the authority to manage your affairs.

A Durable Power of Attorney ensures that someone you choose, not the court, will be in charge if you cannot act for yourself.

2. Avoid Court-Appointed Guardianship

If no DPOA is in place, your family may be forced to petition for guardianship or conservatorship. This involves legal fees, court hearings, and ongoing judicial oversight. It can also lead to family conflict, especially if there is disagreement about who should serve.

Creating a DPOA prevents the need for court intervention and allows for a smoother, private transition of responsibility.

3. Maintain Control Over Who Acts for You

By creating a Durable Power of Attorney, you control who manages your affairs. This person can handle tasks such as:

• Paying your bills and managing your bank accounts
• Handling taxes and insurance matters
• Overseeing real estate or investment decisions
• Dealing with government benefits or business interests

You can also limit the scope of authority, ensuring the agent only acts in the areas you define.

4. Protect Your Financial Stability

A DPOA ensures that your finances continue to be managed responsibly if you become unable to do so. Without it, unpaid bills, missed mortgage payments, or tax issues could arise—causing financial strain or credit damage.

Giving someone legal authority ahead of time keeps your financial life running smoothly and protects your long-term stability.

5. It's Easy to Set Up and Modify

Compared to the complexity of court processes, creating a Durable Power of Attorney is relatively simple and affordable. It can be customized to reflect your wishes and amended later if your circumstances or preferences change.

A DPOA is often part of a comprehensive estate plan, working alongside your will, trust, and healthcare directives.

Final Thoughts

A Durable Power of Attorney is a crucial document that gives you peace of mind and control over your future. It ensures that, in a time of crisis, someone you trust can step in to manage your affairs without unnecessary legal delays or complications.

Whether you're young, healthy, or just beginning your estate planning journey, don’t wait for a crisis to take action. Speak with an experienced estate planning attorney to create a Durable Power of Attorney that fits your needs and protects your future today.

Need someone you trust to handle your affairs? Find an estate attorney who can draft your Power of Attorney today.