Durable Power of Attorney:
Through a durable power of attorney, a client delegates authority to handle his or her financial matters to another person in the event of disability. Given that a person is far more likely to become disabled than die an untimely death, this is a significant document. In the absence of a durable power of attorney, family members must institute a legal proceeding to have a probate court appoint a guardian. This guardianship process can be expensive and difficult, and it is a public proceeding. A durable power of attorney addresses the possibility of incapacity by designating, in advance, the person or persons who will be vested with the authority to handle the client’s financial affairs in the event of disability.