The One Document That Keeps Working When You Can’t: Why You Need a Durable Power of Attorney

Tiana A. Bey

The One Document That Keeps Working When You Can’t: Why You Need a Durable Power of Attorney

 

When planning for the future, wills and trusts often get top billing—but for many families, a durable Power of Attorney (POA) is just as critical for real-life emergencies and long-term protection.

 

What Is a Durable POA

 

A durable Power of Attorney lets a trusted person (your agent or attorney-in-fact) make decisions for you even if you later lose capacity due to illness, injury, or cognitive decline.  The durable feature means the authority continues despite incapacity, rather than ending at the moment you need it most.

 

A durable POA can cover financial matters such as paying bills, managing bank and investment accounts, or handling real estate and business interests.  It can also be paired with separate medical or advanced directive documents so that healthcare choices and long-term care decisions reflect your wishes.

 

Why Durability Matters

 

A standard (non-durable) POA generally ends when you lose capacity, which defeats the purpose of incapacity planning.  By contrast, a durable POA is specifically designed to stay effective if a doctor later determines that you can no longer manage your own affairs.

 

Without a durable POA, loved ones may have to petition a court for guardianship or conservatorship to act on your behalf.  That process is often public, time-consuming, expensive, and emotionally draining at a time when the family’s focus should be on care and stability.

 

Real-Life Situations Where It Helps

 

  • A serious accident or sudden illness leaves you temporarily or permanently unable to manage finances; a durable POA allows your agent to keep the lights on, pay the mortgage, and deal with insurance without interruption.
  • An older adult begins to experience cognitive decline; with a durable POA in place, a spouse or adult child has clear authority to manage accounts, protect assets, and coordinate care.
  • You are traveling or living abroad when a crisis occurs at home; a durable POA lets your chosen agent act immediately, without waiting for your return or a court order.

 

In each scenario, the durable POA converts chaos into a clear, legally recognized plan—protecting your dignity and your family’s peace of mind.

 

Who should have a durable POA?

 

Every competent adult can benefit from a durable POA, not just seniors or those already facing health challenges.  It is especially important for:

 

  • Homeowners and real estate investors 
  • Business owners and entrepreneurs 
  • Parents of minor or dependent children 
  • Individuals with retirement accounts, life insurance, or other significant assets 
  • Anyone undergoing medical treatment or managing chronic health conditions 

 

Because life changes—marriage, divorce, relocation, new children, business growth—can affect your needs, durable POAs should be reviewed and updated periodically.  A stale, poorly drafted, or non‑compliant POA may be rejected by banks, hospitals, or courts.

 

How Tiana A. Bey, P.C. Can Help

 

At Tiana A. Bey, P.C., a durable Power of Attorney is treated as a core part of a thoughtful estate and incapacity plan, not just a form to sign.  The firm helps you:

 

  • Decide what authority your agent should have, when it begins (immediately or upon incapacity), and whether to name backup agents.
  • Ensure the document meets statutory requirements and practical expectations in Maryland, D.C., and Illinois.

 

The focus is on clear explanation, careful drafting, and aligning the durable POA with your overall estate planning goals and family dynamics.  Guided by the firm’s values of grace, integrity, and excellence, the process is designed to be approachable and respectful.

 

If you are ready to put a durable Power of Attorney in place—or to review whether your existing document still protects you—consider scheduling a consultation with Tiana A. Bey, P.C. at 301.375.0036.