Why You Need a Durable Power of Attorney

Life doesn’t always go as planned—and while we can’t predict the future, we can prepare for it. One of the most important tools in that preparation is a Durable Power of Attorney (DPOA). This document allows you to name someone you trust to step in and manage your affairs if you’re ever unable to do so yourself.

Let’s break down what a durable power of attorney is, how it works, and why having one in place is a smart (and kind) thing to do—for both you and your loved ones.

What Is a Durable Power of Attorney?

A durable power of attorney is a legal document that gives another person—called your agent or attorney-in-fact—the authority to act on your behalf. The key word here is “durable,” which means the authority remains in effect even if you become incapacitated.

Without this document in place, your loved ones may be left scrambling, unable to legally access your finances, manage bills, or handle your personal business unless they go through the court system for guardianship or conservatorship—a process that takes time, money, and energy.

Family discussion about durable power of attorney decisions

What Does "Durable" Mean on a Power of Attorney?

Simply put, a non-durable power of attorney ends if you become incapacitated. But a durable power of attorney continues—even if you’re no longer able to communicate, make decisions, or handle things yourself. That’s what makes it such a critical part of your planning toolkit.

Imagine you're in the hospital after a serious accident, or facing a cognitive illness that affects your memory or judgment. With a durable power of attorney in place, your chosen agent can immediately step in and help manage your affairs, without delay or confusion.

Financial Peace of Mind

One of the biggest reasons people put off planning is because it feels overwhelming—but a DPOA is actually one of the simplest and most effective ways to protect your finances.

With this document, your agent can:

• Pay your bills

• Manage your bank accounts

• File your taxes

• Handle insurance matters

• Oversee investments

• Even sell or manage real estate, if needed

Whether you’re recovering from an unexpected health issue or simply unavailable (think: extended travel, military service, etc.), a DPOA keeps things running smoothly.

Financial planner reviewing documents related to durable power of attorney

Who Should You Choose?

This is a big decision—and it should be someone you trust completely. For many people, it’s a spouse, adult child, close friend, or even a trusted professional. Whoever you choose, it’s essential to have an honest conversation with them about your wishes, responsibilities, and expectations.

This isn’t just about paperwork—it’s about choosing someone who understands what matters to you and is willing to carry out your wishes if the time comes.

Keep It Legally Sound

A durable power of attorney isn’t just a form you print and sign. Florida law has specific requirements, and if the document doesn’t meet them, it may not hold up when it’s needed most.

That’s why it’s a good idea to work with an attorney who understands the ins and outs of Florida estate planning and elder law. They can help you tailor the DPOA to your specific needs and make sure it meets all legal standards.

Legal office preparing a durable power of attorney document

When to Review or Update Your DPOA

Once you’ve created your DPOA, don’t forget about it! Life changes—and your plan should, too. Here are a few times when it’s wise to take another look:

• A major life event (marriage, divorce, illness, death of an agent)

• Changes in relationships or trust levels

• A move to another state

• New financial accounts or assets

A quick review every few years can go a long way in keeping things current and effective.

Taking Action for Peace of Mind

Creating a durable power of attorney isn’t just about protecting your future—it’s about easing the burden on your loved ones and giving yourself peace of mind. Here’s how to get started:

1. Choose your agent wisely. Pick someone who understands your values and will act in your best interest.

2. Have a conversation. Make sure your agent knows what’s expected and is comfortable with the role.

3. Work with a professional. An experienced elder law or estate planning attorney can guide you through the process.

4. Put it in writing. Be clear about the powers you’re granting and any limits you want to set.

5. Review it regularly. Make sure your DPOA continues to reflect your current wishes and circumstances.

By taking these steps, you will establish a durable power of attorney that safeguards your interests, ensures your wishes are respected, and most importantly, gives you peace of mind.

At the end of the day, a durable power of attorney isn’t just a legal document—it’s a plan for peace of mind. It helps ensure that your affairs will be handled the way you want, by someone you trust.

Don’t wait for a crisis to make decisions under pressure. Take the time now to put a plan in place—you’ll be glad you did, and so will the people who care about you.

Ready to Put a Plan in Place?

If you're considering a durable power of attorney or have questions about how it fits into your overall plan, we're here to help. Contact Worley Elder Law at 941-448-1302 or Contact Us online to schedule a consultation. Let’s make sure you—and your future—are protected.