WHY A SPRINGING DURABLE POWER OF ATTORNEY IS IMPORTANT
In the event that you become disabled, incapacitated, or incompetent, you can be prepared by having designated Agent to step in and legally act on your behalf during such disability.
Without a durable power of attorney, no one can represent you unless a court appoints a conservator or guardian. That process takes time, costs money, and the court may or may not choose the person you prefer. In addition, under a guardianship or conservatorship, your representative may have to post a significant bond and may have to seek court permission to take planning steps that could be implemented immediately under a simple durable power of attorney.
With a Springing Durable Power of Attorney, if you become disabled, incapacitated, or incompetent, your loved ones could be permitted to handle your affairs, including:
- Accessing medical records and discussing your condition and treatment with your doctors.
- Accessing information regarding your financial records, bank accounts, investment accounts, retirement accounts, pension plans, and insurance policies.
- Employ and discharge your health care personnel; pay your medical expenses; receive, deposit, or assign your medical or disability benefits, and make arrangements for your long term care at your own home, or at a hospital, hospice, or nursing home.
- Manage business interests and finances, pay taxes, and apply for benefits on your behalf.
- Buy, sell, or manage your personal property or real estate, which may be necessary to care for your loved ones or to pay for your health care.
- Institute, maintain, or resolve legal actions on your behalf.
- Exercise and protect your rights as expressed in your Advanced Medical Directive.
- Avoid costly bond requirements in event that a judicial proceeding is commenced to appoint a guardian or conservator to take charge of you, or to manage and conserve your property.