Alderstone Legal

Estate Planning

What a durable power of attorney actually covers

A durable power of attorney is one of the most useful documents you can sign, and one of the most misunderstood. It lets you name someone you trust to handle financial and legal matters on your behalf. The word “durable” is what makes it work when you need it most: the authority stays in effect even if you later become incapacitated.

What it actually covers

A financial power of attorney typically authorizes your agent to manage day-to-day and larger matters on your behalf. What it does not do is give anyone authority over your medical care — that belongs in a separate health care directive. Keeping the two documents distinct is deliberate, not an oversight.

  • Pay bills, manage bank accounts, and handle everyday finances
  • Deal with real estate — buying, selling, refinancing, or managing property
  • File taxes and correspond with government agencies
  • Manage investments and retirement accounts
  • Operate or wind down aspects of a business you own

The myths worth clearing up

Two ideas cause the most trouble. The first is that a power of attorney keeps working after death — it does not. Authority ends the moment you pass, and your will takes over. The second is that signing one hands away control today. You can choose a document that only takes effect if a doctor confirms you can no longer act for yourself, or one that is effective immediately if that suits your circumstances.

The right choice depends on your situation, and it is worth a short conversation before you sign. A consultation is a conversation about your options — not a sales pitch.