Why a Durable Power of Attorney Belongs in Your Estate Plan
When people think about estate planning, they usually focus on what happens after they’re gone—who inherits what, and how to avoid probate. But a complete estate plan does more than distribute assets. It also protects you while you’re still living. That’s why including a durable power of attorney is so important.
A durable power of attorney (DPOA) lets you choose someone you trust to handle financial and legal matters on your behalf if you ever become unable to do so yourself. That could mean anything from paying bills and managing investments to dealing with taxes, insurance, or real estate.
One of the most important things to know is that this document can be tailored. You don’t have to give someone full control over everything—unless that’s what you want. Some people limit the agent’s authority to specific accounts, business interests, or property, while others prefer broader access. An estate planning attorney can help you strike the right balance for your needs.
Another key decision is when the power begins. A DPOA can be:
- Immediate – It goes into effect as soon as you sign it, regardless of your health. This is often the simplest option and avoids delays if something happens.
- Springing – It only takes effect if you become incapacitated. This gives you peace of mind knowing the authority only activates when truly needed.
- So how is incapacity determined? Most often, the document will require a written statement from one or more licensed physicians stating that you’re unable to manage your financial affairs due to illness or cognitive decline. While this adds a layer of protection, it can also cause delays—especially if there’s disagreement among family members or difficulty getting medical confirmation. That’s why many people choose the immediate option for smoother transitions.
Without a durable power of attorney in place, your loved ones might have to go to court to be appointed as your conservator just to help with basic tasks—a process that can be expensive, time-consuming, and stressful during an already difficult time.
A durable power of attorney isn’t just a legal form—it’s a way to maintain control over your future, protect your finances, and make things easier for the people you trust.
If you haven’t created a durable power of attorney—or if it’s been a while since you’ve reviewed yours—now is a great time to take that step. At The Estate Planning Law Office of Jonathon L. Petty, Inc., we’re here to help you build a plan that protects you and your loved ones. Give us a call at 559-374-2223 or fill out our online form to schedule an appointment. We’ll be in touch soon to help you get started.
