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The Durable Power of Attorney allows you to carry on your financial affairs when you are disabled. Unless you have a properly drafted Power of Attorney, it would be necessary to apply to the Massachusetts Probate Court to have a Guardian or Conservator appointed to make decisions for you if you are disabled. The Court process is very expensive and time consuming. If a family member is not willing to take on the role of Guardian or Conservator, the Court may appoint a stranger to oversee your financial matters.

BENFITS of a DURABLE POWER OF ATTORNEY

- Avoidance of costly court procedures

- You determine who will make your decisions for you when you are disabled

- It can be effective immediately or upon your disability

- It can delegate as much or as little authority as you desire

With a Durable Power of Attorney, you continue to retain full control over your affairs until an inability to do so appears. When you are unable to take care of your financial affairs, the person you have appointed (the “attorney in fact”) will take over and act within the specific  guidelines you have already set out within the document.

The “attorney in fact” is usually the spouse or a trusted family member or friend. Your attorney in fact can pay bills, deposit checks, invest and sell assets and do all the things that you would normally do, but for your disability. You can revoke this power at any time, provided you are competent to do so.

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