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Home / Estate Planning / What Makes a Power of Attorney “Durable?”

What Makes a Power of Attorney “Durable?”

April 13, 2022 by Brandon McGee

A power of attorney is utilized to select someone who would have the legal ability to make binding decisions on your behalf. However, these instruments become invalid upon the incapacitation of the grantor.

So how do you empower people to act for you in the event of your incapacitation?

medical power of attorney

In the field of estate planning, the way that this is done is through the execution of a special type of power of attorney. Durable powers of attorney are specifically designed to remain in effect even upon the incapacitation of the grantor.

Some jurisdictions allow for “springing” durable powers of attorney. These documents actually do not take effect until and unless the grantor becomes incapacitated.

Executing these documents is an important part of any holistic plan for aging because of the fact that a very significant percentage of our nation’s elders suffer from incapacitation eventually. There are other causes, but Alzheimer’s induced dementia strikes some four out of every 10 people who are 85 years of age and over.

If you don’t select decision-makers yourself the court could appoint a guardian to handle your affairs and you could become a ward of the state if it was determined that you were incapable of making sound decisions at some point in time.

To discuss the details of incapacity planning with an expert, don’t hesitate to pick up the phone to arrange for an informative consultation with a seasoned, savvy estate planning lawyer. Your attorney will assist you as you devise a comprehensive plan that protects your interests come what may.

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Brandon McGee
Brandon McGee
Brandon McGee enjoys a successful law practice focusing on estate planning, elder law, Medicaid preplanning and crisis planning, and probate. Brandon and his team combine legal skills with compassion and understanding to develop estate plans that are personalized to the needs of each of their clients.
Brandon McGee
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Filed Under: Estate Planning

About Brandon McGee

Brandon McGee enjoys a successful law practice focusing on estate planning, elder law, Medicaid preplanning and crisis planning, and probate. Brandon and his team combine legal skills with compassion and understanding to develop estate plans that are personalized to the needs of each of their clients.

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TESTIMONIALS

Client Review
May 25, 2021
    

Brandon McGee is knowledgeable, experienced and professional regarding Estate Planning. The entire process of multiple meetings to establish our input, draft and sign documents and fund the Trust were well organized and clearly explained. At completion, we were presented with a very well organized binder with the documents (both paper and electronic) and lists for future action.  In short, we find Brandon McGee and his staff to be competent, professional and friendly. ~ Brian C.

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