Make Sure Someone You Trust Can Act for You

A durable power of attorney (DPOA) authorizes your agent to manage your financial affairs if you become incapacitated. "Durable" means it remains effective even if you lose mental capacity. Without one, your family would need court approval (a conservatorship) to pay your bills, manage accounts, or handle real estate on your behalf.

An advance healthcare directive (also called a healthcare power of attorney or living will) names a healthcare agent who makes medical decisions on your behalf if you cannot. It also records your wishes about end-of-life care, resuscitation, and other medical interventions, so your family and doctors know what you want.

Yes. A financial DPOA and a healthcare directive cover different situations. The financial DPOA covers your finances and property. The healthcare directive covers your medical care. Most estate plans include both.

Your agent should be someone you trust completely: a spouse, adult child, sibling, or close friend. They do not need legal or financial expertise, but they must be willing to act on your behalf, follow your instructions, and communicate clearly with banks, doctors, and other parties.

Yes. A financial DPOA can be drafted to grant broad authority or limited to specific tasks: managing a single account, selling a specific property, or handling tax filings. Your healthcare directive can also specify which decisions your agent can make and which require your direct input.

If you become incapacitated without a DPOA or healthcare directive, your family must petition the court for a conservatorship. This process takes months, costs thousands of dollars, and places your affairs under court supervision until you recover or die. It is one of the most avoidable problems in estate planning.