Durable Power of Attorney Avoided Need for Guardianship

The client was in the beginning stages of dementia and was advised she would need a guardian as the disease progressed. She was very concerned about the cost and legal documentation required by a guardianship. In lieu thereof, the use of a durable power of attorney, which can be prepared quickly and efficiently, allowed the client’s daughter to be named as her attorney in fact to handle her care and needs. A normal power of attorney becomes ineffective upon incompetency but a durable power will remain effective.