Durable Power of Attorney


A Durable Power of Attorney “DPOA” is an alternative to judicial guardianship and conservatorship. It allows you to anticipates the possibility of disability or incapacity to provide an efficient, private, out-of-court mechanism for dealing with your own affairs. Durable powers, however, must be drawn before the onset of disability or incapacity. Once the disability or incapacity has occurred, it is too late for you to sign a valid durable power. Most people probably do not anticipate disability or incapacity, nor do they realize that they can make arrangements to handle their affairs during such periods. Consequently, this topic can and should be part of most estate planning.

A DPOA may also be used to nominate a conservator, guardian of the estate, or guardian of the person in case there is ever a guardianship or protective proceeding involving the principal. The court is bound to make any appointment in accordance with the nomination in the durable power except for good cause or disqualification.

If you'd like more information about durable powers of attorney, please call me at (586) 254-9200 or (248) 409-0256.

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