About the Durable Power of Attorney

A Durable Power of Attorney ("POA") can avoid the time and expense that often goes hand-in-hand with Probate Court involvement. A Durable Power of Attorney allows you to delegate an Agent (the "Attorney in Fact") to make decisions for you and remains in effect even if you (the “Principal”) become disabled or incompetent. It can either provide your agent with the immediate authority to act or you can specify that it is of no effect unless you have been officially declared incapable of managing your own affairs by a physician.  The latter is referred to as a "Springing Power of Attorney). It is advisable that an alternate Attorney in Fact be named in case the original is unable to serve for some reason (e.g. he or she predeceases you). 

At Silveri & Wilson, we take our estate planning representation, knowledge and expertise to another level above our competition and we can assist you with drafting a Durable Power of Attorney as part of your overall estate plan.

Avoiding Guardian and Conservator Probate Court Hearings

The use of a Durable Power of Attorney is very important in any estate plan in order to avoid the need, delay, and expense, of a court-appointed guardian or conservator should you become incompetent. Anyone who is not a minor and who has the capacity to enter into a contract can execute a Power of Attorney. The Massachusetts Power of Attorney, unlike a health care proxy, is not automatically nullified in the event of separation or divorce and does remain in force.

How the Power of Attorney fits into your Estate Plan

A few examples of the benefits of having a Durable Power of Attorney in your estate plan are shown below:

• Avoid the need for the appointment of a guardian or conservator by the Probate Court;
• Provide for the management of financial affairs;
• Pay bills, collect Social Security payments or deposit and cash checks;
• Buy and sell real and personal property;
• Continue operating a business;
• Fund trusts;
• File income tax returns and handle tax matters;
• Begin, continue or settle litigation;
• Make gifts to family members or charities;
• Continue estate planning or begin Medicaid planning;
• Make disclaimers.

Contact our Estate Planning Lawyers in Wellesley, Massachusetts

Contact us today to learn more about how one of our estate planning lawyers can help you with your legal needs.