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14 Feb, 2021

Durable Power of Attorney, Everything You Need To Know!

 

Durable Power of Attorney, often overlooked! While you may have your will or trust established for what happens to your assets after you die, you may not have thought about what happens if you can no longer make decisions for yourself. You may need someone to make critical decisions or control your finances if you become incapacitated and can no longer do so yourself. When you give this legal responsibility to someone else, they become your power of attorney. A durable power of attorney takes this responsibility a step further, so here’s everything you need to know.

General Power of Attorney

The general power of attorney is the person you choose to take care of your affairs while still mentally coherent. This person can make decisions on finances, legal matters, or medical situations. You can decide how much power they have. You can also limit their ability to make certain decisions. The critical thing to note about the general power of attorney is that the person can no longer make decisions if you become incapacitated. That is where a durable power of attorney comes in.

Durable Power of Attorney

The durable power of attorney is the same as the general. The only difference is that they remain your power of attorney even if you can’t make decisions independently. Mental incapacitation can occur because of physical deterioration or a sudden accident.  Limitations can arrive without warning, which is why it is essential to have a durable power of attorney no matter your situation. By planning, you prepare yourself and loved ones for mental decline later in life or emergencies.

Medical Decisions

When you are incapacitated, you can have a durable power of attorney make medical decisions for you. This person can carry out your wishes and inform doctors of what you would have wanted in this situation. They will continue to be your voice until you have recovered.

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Cathy Goodwin

Very friendly and easy to work with - definitely a better experience than I've had with other lawyers! Peter is very detailed and thorough. I've worked on previous versions of my will with other lawyers, and he pointed out things they'd never mentioned. Fast turnaround and very responsive to emails and phone calls.

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Lu Han

I have worked with three different attorneys and law firms over the years, and I can confidently say that attorney Peter Klenk stands out as the most knowledgeable. He created the most thorough wills and trust documents I've ever had. Mr. Klenk took the time to gather all the necessary details about my current situation and goals. As a result, he put together comprehensive documents that I believe will effectively protect my assets and ensure my children's inheritance is secure.
What truly sets Mr. Klenk apart is his patience and dedication to understanding my questions. He provided detailed explanations that made complex legal concepts much easier to grasp. His team's communication and scheduling were equally impressive, making the entire process smooth and stress-free.
Thank you, Mr. Klenk, and your fantastic team, for your exceptional service!

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Wendy Charlap

We came to this firm based because of the online reviews we read and were not disappointed. Peter and the staff were a pleasure to work with - Peter was friendly, knowledgeable and patient with all our questions and the office staff were extremely responsive and efficient with all the scheduling and follow up needed to get us ready for the signing. We also like that all documents are housed in a portal that is easily accessible. Thank you to Peter and the team for helping us cross 'update estate planning documents' off our list.

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Mark Mansfield

Been a long term customer of Klenk Law. Wills and Trusts are so important and that is their strength! They are hyper responsive to any question you may have, and you are always treated well. I feel like a part of their family when there. I feel very valued as well. Give them a try!

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Marilyn Dolgoff

I worked with Daniella to settle my father’s estate. She was kind, efficient, knowledgeable, and made the entire process seamless. I highly recommend working with Daniella.

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