The General Durable Power of Attorney - A Document for Guardianship Avoidance and Young Adults

A General Durable Power of Attorney (“POA”) is a legal document where a principal gives legal and financial authority to an agent to act on his or her behalf. A POA allows an individual (principal) to choose who they want to make decisions for them if they are unable. This document helps individuals plan for both short-term and long-term disability, because the document remains effective even after an individual becomes incapacitated.

A POA is extremely important for aging individuals, when the ability to manage finances and make financial decisions can begin to decline.  This is particularly concerning when an aging individual does not have a POA and is no longer competent to sign legal documents.

When this occurs, family members and loved ones are presented with the stark choice of (a) allowing the aging individual to continue without any help in managing their finances, leaving them open to possible financial exploitation; or (b) filing a guardianship in District Court asking their loved one to be declared no longer competent to manage their personal and financial affairs and that a guardian should be appointed.  This is the proverbial - Rock and a Hard Place!

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