Durable Power of Attorney?

A Durable Power of Attorney is a type of power of attorney.  This is either a general or specific power of attorney that remains effective in the event you become incapacitated and cannot communicate.  This is an important attribute as a normal power of attorney is no longer effective if this situation arises. A durable power of attorney allows the person who you appoint to continue exercising your authority even if you become incapacitated. Incapacitated generally means that you lose consciousness, suffer from dementia or Alzheimer’s.   It will allow the individual you appoint to carry on necessary affairs if you are otherwise unable to manage your own affairs. Without a durable power of attorney, a family member or close friend would have to begin a court action to have a Guardian appointed to manage those affairs for you. The court would then make a decision about who to appoint as your guardian. A General Power of Attorney with in which you designate a guardian can be used to avoid the court process and allow you to decide who should have the authority to make decisions for you during such an unfortunate situation.

Jason M. Gordon



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