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What is a durable power of attorney?

A durable power of attorney is a legal arrangement wherein you, as the principal, appoint another person (an agent or attorney-in-fact) as your representative to make financial, legal, and medical decisions on your behalf. What differentiates durable powers from regular ones is that durable ones remain valid even in case you become mentally or physically incapacitated.

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Importance of a durable power of attorney in estate planning

Several scenarios would call for durable power of attorney in estate planning, which include: 

Continuity of decision-making

By designating a trusted individual as your agent under a durable power of attorney, you can ensure that your financial and legal affairs will continue to be overseen smoothly in the event of incapacity. This ensures bills are paid on time, investments are managed properly, and any other financial matters are handled without interruption - saving stress and confusion for loved ones left behind.

Personalized decision-making

A durable power of attorney allows you to grant authority according to your specific needs and wishes, giving your agent full discretion in decision-making powers such as managing bank accounts, purchasing real estate, or making healthcare decisions. Great care must be exercised in choosing the individual to protect your best interests if planning to assign these responsibilities to another party.

Prevent court intervention

Without a durable power of attorney in place, should you become incapacitated, the courts may need to appoint someone as your guardian or conservator, which can be costly and time-consuming. With one in place instead, however, you retain control of who makes decisions on your behalf, eliminating the need for court involvement.

Flexibility and revocability

A durable power of attorney provides plenty of wiggle room for accommodating changing needs and circumstances, allowing you to alter or cancel it whenever mental competence permits. Routine reviews ensure your durable power of attorney accurately reflects your wishes and any changes in life or relationships.

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Consult an attorney when establishing a durable power of attorney.

Drafting a durable power of attorney requires careful thought and legal advice. Consult with an experienced estate planning attorney who can guide you through the legal requirements for creating such a document in accordance with state laws. Our experienced estate attorneys can help select an agent as well as provide advice about what decision-making powers should be granted to this agent.

Why choose us for estate planning?

In advanced estate planning, choosing the right legal team is crucial to protecting your assets and legacy. At Correa & Martinez Trial Lawyers, we are experienced attorneys specializing in estate planning.

We possess extensive knowledge and expertise in this complex area of law. We take the time to understand each client's unique needs and goals, providing personalized attention and tailored solutions. 

With over 84 years of combined experience, by choosing Correa & Martinez Trial Lawyers, you can confidently protect your legacy to ensure a prosperous future for your loved ones.

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Peace of mind with a durable power of attorney

Estate planning relies heavily on durable power of attorney documents for peace of mind and protection in the case of incapacity. Designating someone trustworthy to act on your behalf ensures continuous decision-making without court intervention. Speaking to an experienced attorney from Correa & Martinez Trial Lawyers allows you the confidence that your durable power of attorney meets both legal requirements and your wishes.

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