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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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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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Callista O “Callista O” Chukwunenye

I knew I needed to update my Estate Planning documents created 15 years ago, yet I kept putting it off. Peter, in his no pressure way nudged me to finally check it off my list. The admin staff of Klenk law were very respectful and responsive in working with me to set up dates and times that work for me to talk with Peter over the phone regarding what I wanted to update. Peter answered my questions and explained some things to me. This helped me on some of my estate decision. After our phone talk, I received a draft of the updated documents, and was allowed ample time to review them prior to a final review with Peter over the phone. This pre-signing reviews made the in-person signing time very short. I would highly recommend Klenk Law, because Peter and his staff were professional but friendly, and thorough in the estate planning work they did for me. Thank you, Peter!

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David Major

Had our will done with Peter and his team. Made the process super easy and understandable. His team lead by Laura Parisi were always available for questions and assistance. Professional and personable they made what can be a challenging experience hopeful and graceful. Cannot recommend their services enough!

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Stephanie Sesker

We were extremely pleased with the work done by Peter Klenk and members of the staff at Klenk Law. They were very thorough and did the work in a timely fashion. Peter's explanations of the legal system were very clear and helpful. I highly recommend this firm and Peter.

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James Palmer

Recently hired this firm to help me write a will (something I had been procrastinating on doing for too long). The process was quick, easy, painless and I'm glad that thanks to the great team at this firm I was able to cross this off my "to do" list!!

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