01/06/2026
Not All Durable Powers of Attorney Are Created Equally: Avoid These Mistakes
The phrase ‘Durable Power of Attorney’ is frequently used but often misunderstood as to who needs it, when it should be created, and what the document does. The goal of this blog is to correct misunderstandings among consumers and professionals and encourage all adults to create a Durable Power of Attorney when they are physically and mentally healthy.
The word ‘Durable’ means that the document allows financial decisions to be made during a time when a person is physically, mentally, or cognitively incapacitated. Incapacity can result from an automobile accident causing head trauma, an advanced illness such as cancer, or cognitive impairment caused by dementia or Alzheimer’s disease. A Durable Power of Attorney allows a competent adult to delegate responsibility to make their financial decisions to a trusted person (the agent) without making that trusted person an owner of the assets. Consequently, the assets of the incapacitated adult are protected if the agent gets divorced or sued. Another benefit of the document is that it allows the incapacitated adult’s financial affairs to be handled privately without Court supervision (i.e., a guardianship), which is time-consuming and expensive.
https://www.fl-elderlaw.com/not-all-durable-powers-of-attorney-are-created-equally-avoid-these-mistakes/
Learn why every adult should have a Durable Power of Attorney to protect assets and manage finances during illness or incapacity.