How does a power of attorney help protect my family?

A power of attorney is your act of giving another person (usually your spouse or other family member) the authority to handle your affairs, when you are not able to do it.  The power of attorney usually allows the person you choose to make business, personal and financial decisions for you.  The person you choose only acts for you after a doctor (or two in some cases) finds you incapacitated.

The power of attorney usually saves your family from going to a court and asking that a guardian be appointed for you.  Without a power of attorney or a guardian, you usaully will not be able to act on behalf of your incapcitated family member, even if that person is your spouse.  

The “durable” part of the power of means that the power of attorney is effective when signed, becomes active upon a person’s disability and continues until revoked.

The power of attorney is another item that a person can put in place to help things run smoothly for their family when illness or disability come.  If you have questions about this device or anything else, please feel to contact me.

Posted by Shawn Roberts

On this blog, I write about and try to answer practical Oklahoma legal questions. My focus and most experience is in estate planning and business issues including Oklahoma non-compete law. I make a living as an attorney in the law firm I founded, Shawn J. Roberts, P.C. in Oklahoma City. I live in Edmond with my wife Amy and my two children, Sam (19) and David (11). We live precisely in the path of where the "wind comes sweeping down the plains."

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