What Is a Durable Power of Attorney?
Planning for the future isn’t just about deciding what happens after you’re gone. It’s also about making sure your wishes are followed if you become unable to make decisions while you’re alive. One of the most important tools for this is a durable power of attorney (DPOA).
What is a durable power of attorney? In simple terms, it’s a legal document that gives someone you trust the authority to make decisions on your behalf, even if you become mentally or physically incapacitated.
At Metz & Jones, we’ve been helping the LGBTQ+ community in Chicago protect their rights and plan for the future for over 40 years. In this blog, we discuss what you should know about durable powers of attorney and how they fit into your estate plan.
What Does “Durable” POA Mean?
A standard power of attorney (POA) becomes invalid if you become incapacitated. A durable power of attorney remains valid even if you’re no longer able to make decisions for yourself. This means it’s especially important for protecting your medical care plan, finances, and legal affairs if you’re ever seriously ill, injured, or experiencing cognitive decline.
Types of Durable Powers of Attorney
There are different types of powers of attorney, and each serves a different purpose. Below, we go into the specifics of the two main types of DPOA.
1. What Is a Durable Health Care Power of Attorney?
A durable health care power of attorney allows you to name someone— called your agent—to make medical decisions on your behalf if you’re unable to do so.
This document is crucial if:
- You’re in a coma or unconscious
- You develop a condition that affects your ability to communicate or think clearly
- You want your partner or spouse to have full authority in medical emergencies
Without this document, hospitals may default to your legal next of kin. For LGBTQ+ individuals, this can lead to confusion and prevent partners from speaking up for their ailing loved ones. A DPOA ensures your chosen person is the one who speaks for you.
2. What Is a Durable Financial Power of Attorney?
A durable financial power of attorney (also called a power of attorney for property) allows someone to manage your finances if you’re unable to do so yourself.
This includes:
- Paying bills
- Managing bank accounts or investments
- Selling or managing real estate
- Handling taxes
- Overseeing business operations or financial interests
This is especially helpful if you’re dealing with long-term illness or recovering from a serious accident. Without it, your partner might have to go to court to request legal authority just to pay your mortgage or access your accounts.
General Durable Power of Attorney
A general durable power of attorney is essentially the same thing as a financial power of attorney. It gives your chosen agent broad authority over your legal, financial, and business matters. It can include everything from signing contracts to applying for government benefits.
What Is Durable Power of Attorney vs. Power of Attorney?
The purpose of a power of attorney document is to grant power to a chosen agent, also called “attorney-in-fact,” to make decisions on your behalf when you are unable to do so. However, a standard, or general, power of attorney is different from a durable POA in one key way. Here’s how:
- A standard power of attorney becomes invalid if the person who created it becomes incapacitated.
- A durable power of attorney stays valid even after incapacity, making it a better option for long-term protection.
The difference is small in wording, but huge in impact. Whether you want someone to make medical or financial decisions for you, a durable POA ensures you’re covered when you truly need support.
Why Durable Powers of Attorney Matter for LGBTQ+ Individuals
For LGBTQ+ individuals, a durable power of attorney offers crucial legal protection. Your partner might not have the automatic authority to make decisions or access important records. A DPOA removes that uncertainty and puts the right person in charge.
When Should You Create a Durable Power of Attorney?
It’s best to create your durable powers of attorney before you need them. You must be legally competent at the time of signing, so waiting until an emergency arises can make things more complicated or even impossible.
Whether you’re young and healthy or managing a chronic illness, having a plan in place gives you peace of mind.
Work With Our LGBTQ-Friendly Estate Planning Law Firm
Metz & Jones has 40+ years of experience helping LGBTQ+ individuals and families across Chicago with complex legal matters. We understand your concerns, honor your relationships, and make the estate planning process simple and supportive.
A DPOA is a vital part of any estate plan. Whether you’re wondering what a durable power of attorney is or you need help choosing the right agent for your finances, we can help.
Call us today at (773) 878-4480 or contact us online to schedule a consultation. Let our LGBTQ+ estate planning lawyers help you protect what matters most— on your terms.
