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.