A durable power of attorney (POA) is an important tool used for incapacity planning because the power of attorney can give you control over who acts for you when a physical or mental illness prevents you from acting on your own. If you create a durable power of attorney, you get to make a choice about who makes your decisions if you can’t, rather than forcing your family to go to court and allow a judge make this important choice for you.
Nirenstein, Horowitz & Associates can provide you with assistance creating a durable power of attorney. It is imperative that you follow the laws of Connecticut in creating your POA so it is enforceable and so you and your family do not have to worry about what happens to your wealth in case of incapacity. Give us a call to find out how a Connecticut power of attorney lawyer can help you with the creation of a durable POA.
How Can You Create a Durable Power of Attorney?
A power of attorney is a grant of authority. When you create a POA, you name a trusted person who will serve as attorney in fact or as an agent. This trusted person takes action on your behalf. Your power of attorney can be a limited one, so the agent can only do specific tasks you identify, such as signing a contract for you that you cannot be there to sign in person. You could also create a general grant of authority so your agent can broadly act for you. It is a general power of attorney that is typically used for incapacity planning.
Traditionally, a power of attorney’s grant of authority would expire upon the incapacity of the person who created it, making it virtually useless for incapacity planning since the transfer of authority would go away exactly when it was needed. This could be avoided only if the power of attorney was declared to be durable.
However, after October of 2016, the law changed in Connecticut and all powers of attorney are now assumed to be durable unless stated otherwise. This means if you follow Connecticut rules for the creation of a power of attorney, your POA should be a durable one automatically.
You can use a “statutory short form” power of attorney as a shortcut to creating your power of attorney but you should not just print a form off the Internet and fill it out. You need to make sure your grant of authority is comprehensive and legally valid, so you should work with an experienced attorney who can help you to complete the process of creating an enforceable durable power of attorney within the state of Connecticut.
When Should You Create a Durable Power of Attorney?
You need to create a durable power of attorney before you actually become incapacitated. If you delay because you assume that you will be healthy for a long time to come, you and your family will be left in a very bad position if something unexpectedly happens to you. You may not be able to control who makes your choices or manages your assets and your family will have to deal with the stress and hassle of guardianship proceedings. During the period when no one has authority to manage your assets, the value of your wealth could also decline as no one is taking care of your money or property.
Nirenstein, Horowitz & Associates provides assistance creating a power of attorney that is going to be durable, valid, and enforceable under Connecticut law. If you and your family want peace of mind and want to be secure in the knowledge that you’ve planned ahead in case of illness or injury that leaves you incapacitated, give us a call today.
Getting Help from A Connecticut Power of Attorney Lawyer
A Connecticut power of attorney lawyer can provide you with assistance in complying with state law to make a durable power of attorney that will be considered valid and enforceable at the time of incapacity. An experienced attorney can also assist with the use of other legal tools needed to make a comprehensive incapacity plan so you are fully prepared if a sickness or injury renders you unable to take action on your own behalf.
To find out more about how powers of attorney work and about tools used in incapacity planning, join us for a free seminar. You can also give us a call at 860-548-1000 or contact us online to get the personalized one-on-one advice you need to make a plan for your family. Call today to learn more.