Morehead City, Beaufort, and New Bern, North Carolina Estates and Trusts Lawyer
THE DURABLE POWER OF ATTORNEY
A Durable Power of Attorney is a legal document whereby you appoint, prior to any mental or physical incapacity, a person or institution to handle your personal and business affairs should you become mentally or physically unable. The document is durable in that its legal validity continues notwithstanding your mental or physical incapacity.
Although it is difficult to make any statement regarding estate planning which applies to all persons, it is probably safe to state that everyone should have a Durable Power of Attorney. If a sudden accident or illness were to happen, who would have the legal authority to continue to handle your personal and business affairs?
In the alternative, and in the absence of a power of attorney, a special court proceeding must be instituted to have a guardian appointed and to have you declared legally incompetent. This court proceeding can be time consuming and expensive. It is cumbersome, at best, in that at least two attorneys are usually necessary...one to represent the petitioner for guardianship and one to represent the alleged incompetent person.