Incapacity Planning

Powers of Attorney

What happens to your finances and healthcare decisions if you can't make them yourself? A power of attorney ensures someone you trust steps in — not a court-appointed stranger.

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Powers of Attorney — Financial & Healthcare

Two documents. One critical purpose.

Incapacity planning involves two separate documents — one for your finances, one for your health. Together, they ensure that if you are ever unable to speak for yourself, the right person is legally authorized to act on your behalf.

Document 1

Durable Financial Power of Attorney

Authorizes your agent to manage your bank accounts, pay bills, file taxes, manage investments, and handle real estate transactions on your behalf.

Document 2

Healthcare Proxy & Advance Directive

Names someone to make medical decisions on your behalf and records your wishes about life-sustaining treatment, organ donation, and end-of-life care.

What your agent can do

Financial Agent

  • Pay your bills and manage bank accounts
  • File your tax returns
  • Manage investments and retirement accounts
  • Buy, sell, or manage real property
  • Apply for government benefits on your behalf
  • Run your business if you own one

Healthcare Agent

  • Consent to or refuse medical treatment
  • Access your medical records
  • Choose your doctors and care facilities
  • Make decisions about surgery or procedures
  • Direct end-of-life care per your wishes
  • Authorize organ donation

Without a power of attorney

If you become incapacitated without these documents in place, your family may have no legal authority to act on your behalf — even for basic tasks like paying your mortgage or making a medical decision. The only alternative is a court-supervised guardianship or conservatorship proceeding, which is:

  • Expensive — attorney fees, court costs, and ongoing reporting requirements
  • Time-consuming — can take months while your affairs go unmanaged
  • Public — court records are accessible to anyone
  • Stressful — your family must petition a court while dealing with your medical crisis

A power of attorney costs a fraction of what a guardianship proceeding costs — and it protects your family from a process no one wants to go through.

Choosing the right agent

Your agent doesn't need to be an attorney or financial expert — but they do need to be someone you trust completely. Here's what to look for:

Trustworthy

They will act in your best interest, not their own.

Organized

Able to manage paperwork, deadlines, and financial records.

Available

Willing and able to step in when needed — possibly on short notice.

Communicative

Will keep family members informed and handle conflict calmly.

I recommend naming a primary agent and at least one alternate — in case your first choice is unavailable or unwilling to serve when the time comes.

Common questions

What does "durable" mean?

A "durable" power of attorney remains effective even if you become incapacitated. A non-durable POA terminates when you lose capacity — which defeats the purpose for estate planning. All POAs I draft are durable.

Can I limit what my agent can do?

Yes. You can grant broad authority or limit your agent to specific tasks. We'll discuss your situation and draft the document to reflect exactly the powers you want to grant.

Can I revoke a power of attorney?

Yes — as long as you are mentally competent, you can revoke a power of attorney at any time by signing a written revocation and notifying your agent and any institutions that have a copy.

Does my agent get paid?

Your agent is entitled to reasonable compensation for their services unless you specify otherwise in the document. Many family members serve without compensation, but it's worth discussing expectations upfront.

Ready to get started?

I'll walk you through your options — no pressure, no jargon. Just a plain conversation about protecting what matters most.

Prefer to call?

(240) 303-2529

Available Mon–Fri, by appointment