Don Harmening, Attorney At Law
Durable Power of Attorney
Appoint a trusted person to manage your financial and legal affairs if you become incapacitated.
A durable power of attorney ensures that your affairs can be handled according to your wishes even if you’re unable to make decisions yourself.
$175
Service Procedure
Free Consultation
An overview discussion to understand the client’s needs, explain the scope of the DPOA, and determine the most appropriate type of DPOA based on the client’s specific circumstances.
Selection of Agent(s)
Guidance in choosing a trusted individual (or individuals) to act as the agent(s), who will have the authority to make decisions on the client’s behalf. This process includes discussing the responsibilities of the agent and the importance of selecting someone who is both capable and trustworthy.
Drafting the DPOA Document
Preparing a DPOA document that specifies the powers granted to the agent. This includes detailing whether the DPOA is for financial matters, health care decisions, or both, and under what conditions it becomes effective. The document is customized to the client’s wishes, including any limitations or specific powers they want to include or exclude.
Review and Revisions
Presenting the draft DPOA to the client for review and making any necessary revisions based on their feedback or additional considerations.
Execution of the Document
Facilitating the proper signing of the DPOA in accordance with state laws, which typically involves the client’s signature, witness signatures, and sometimes notarization.
Filing and Recording (if required)
Some jurisdictions may require the DPOA to be filed or recorded with certain government offices, particularly if it includes real estate transactions. The service includes managing this process if necessary.
Providing Copies to Relevant Parties
Ensuring that copies of the executed DPOA are provided to the appointed agent(s) and possibly other entities such as financial institutions, healthcare providers, or attorneys, as appropriate.
Guidance and Advice
Offering detailed explanations on how the DPOA operates, advising the client and the agent(s) on their rights and responsibilities, and providing advice on when and how the DPOA should be used, as well as discussing circumstances that might necessitate revising or revoking the DPOA in the future.
Navigating a Durable Power of Attorney
A Durable Power of Attorney (DPOA) is a legal document that grants someone you trust the authority to make decisions on your behalf, particularly when you’re unable to do so yourself. This document remains effective even if you become incapacitated, ensuring that your financial, legal, and health-related affairs can be managed according to your wishes.
The best time to establish a DPOA is before it’s needed, as unexpected events can render anyone incapable of handling their affairs, making a DPOA a wise precaution for adults at any stage of life.
Ideally, this means setting one up as part of your regular estate planning, well before any health issues arise that might impair your ability to make decisions. Life’s unpredictability makes early preparation crucial, providing security and peace of mind to you and your loved ones.
Taking Action
The thought of losing control over your personal and financial decisions can be daunting, but setting up a Durable Power of Attorney offers a solution that protects your interests and provides assurance that your affairs will be handled as you wish.
It’s a proactive step that spares your loved ones from making difficult decisions in times of crisis.
If you believe a DPOA could benefit you or if you’re seeking to safeguard your future decision-making, contact us for a free consultation.