Durable Power of Attorney- The Most Underrated Document in an Estate Plan

Wills and trusts tend to take the focus when it comes to estate planning, but there’s a document that’s just as important, if not more- the Durable Power of Attorney. 

In the latest episode of Elder Law Out Loud, we’re diving into the importance of the DPOA- what it does, why you need one, and how to choose the right person to serve in this powerful role.  

What Is A Durable Power of Attorney? 

This legal document gives another person- known as your ‘agent’ or ‘attorney-in-fact’- the authority to act on your behalf in legal, financial, or medical matters- even if you become incapacitated. In Florida, there are no ‘springing powers’- meaning your agent can act on your behalf right away, so it’s crucial to designate someone you trust implicitly. 

Why Is It So Important? 

It Affords You Options 

Unlike a court-appointed guardianship, a DPOA allows you to choose who you trust to handle your affairs. Without naming this agent ahead of time, if you become incapacitated or unable to make your own decisions, your loved ones will be forced to go through a lengthy and expensive court process in order to help. 

It Saves Time During Crises
Accidents and health scares can happen at any age. A stroke, car crash, or sudden illness could leave you unable to communicate. With a DPOA in place, your agent can immediately access your bank accounts, pay your bills, manage your property, and speak on your behalf. 

It Prevents Chaos
Have you ever tried to get information about a bill that your spouse or partner’s name was on? Without a DPOA, banks, mortgage lenders, and other institutions may refuse to work with anyone other than the primary accountholder. That can lead to missed payments, foreclosure risks, or inability to make critical decisions. Naming an agent in advance keeps everything running smoothly. 

It Provides Peace of Mind
Naming a DPOA takes away the guesswork, preventing disputes about who’s in charge during tense times. Knowing that someone has the legal authority to step in can relieve tremendous stress for your loved ones.  

Who Should You Choose? 

This is one of the most important- and personal- decisions in the process. Your agent should be someone you trust completely, who understands your wishes and values, who is responsible and organized, and who is capable of handling financial or legal matters.  

Often, people choose a spouse, adult child, close friend, or even a professional fiduciary.  

When Should You Create a DPOA? 

Now.
The best time to put a Durable Power of Attorney in place is before you need it. We’ve consulted too many families who find out too late that an incapacitated loved one can no longer sign legal documents. This leaves families scrambling in the middle of a crisis. 

Family First Firm Is Here To Help 

A Durable Power of Attorney is not just for the elderly or the wealthy- it’s a smart, proactive step for any adult who wants to be prepared for the unexpected. Whether you’re just starting your estate planning journey or revisiting your current documents, make sure a DPOA is at the top of your list. 

If you want to learn more and how to personalize your DPOA to your needs, check out our latest podcast episode– The Most Underrated Estate Planning Document: Why You Need a DPOA. We break it all down in simple, clear language to help you protect yourself and your loved ones.