Elder Care

Durable Power of Attorney

Avoid Conservatorship

This document is a critical document for many people to have, since not having a valid Durable Power of Attorney in place can leave at least two areas of your affairs unprotected: (1) any Power of Attorney which you have executed becomes void or invalid on the date of your incapacitation or death, so that even if a person has a Power of Attorney, they cannot act in your behalf; and (2) if you are rendered incapacitated unexpectedly, a conservatorship, which can be a lengthy and expensive court proceeding, might have to be undertaken to manage your affairs.

One can imagine that the date and time of incapacitation is not always clear. Needless to say, one can guess at the amount of lawsuits and court battles over the question of when a person became incapacitated. And, in most states, a conservatorship is the legal proceeding by which the court orders a person(s) to manage your affairs and oversees this person(s) in their management. Sometimes, a conservatorship can be opened in court for a person who may not believe they are incapacitated in any manner. Conservatorships are generally protracted legal battles, with lawyers representing each of your family members, or groups of family members, and lawyers representing other related interest in your estate, even though you may live for another 30 years!

Thus, one can easily see the benefit of having a legally recognized document, which is valid in your state, which may become effective and specify who and how to govern your affairs, if you become incapacitated. This one simple document can save thousands of dollars in legal fees, and thousands of hours in time wasted in an unnecessary court proceeding.

Durable Power of Attorney
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