[ Estate Planning · Power of Attorney ]
The signature you are not
able to give.
[ The Document ]
A durable power of attorney, drafted to actually work.
A durable power of attorney is the document that appoints another person to act for you in financial and legal matters. The 'durable' word matters. It means the authority survives your incapacity, which is precisely when the document is needed.
We draft custom durable POAs that hold up at the bank, at the title company, and at the brokerage. The forms most families download fail in those rooms for predictable reasons. We address each of them in the drafting.
[ Why DIY fails ]
Why bank forms and downloads get rejected.
A bank's compliance department reads a power of attorney with a different question than a lawyer's. The bank is asking, 'If we let this person act on this account, can we be sued.' The answer they want is, 'No, the document is current, properly executed, and explicitly authorizes this transaction.'
Generic forms fail that test in three predictable ways: scope gaps that omit specific account authority, execution defects that make the bank hesitate, and stale dates that the bank uses as a polite reason to decline.
We draft to clear those questions before they are asked.
[ Powers ]
What the agent can, and cannot, do.
We tailor each grant of authority to your situation. Some powers are routine. Some require specific language. Some are intentionally withheld.
- Banking and brokerage transactions, with named accounts where useful.
- Real estate, including the authority to sell, refinance, or grant easements.
- Retirement accounts, with specific IRA and 401(k) language banks expect.
- Gifting authority, granted only with explicit limits and Medicaid awareness.
- Tax matters, including IRS Form 2848 authority where the situation warrants.
- Beneficiary designation changes, granted sparingly and with care.
[ Selecting your agent ]
Who you ask, and who you do not.
The agent is the document made into a person. Pick someone with the temperament to read paperwork, the trust to act in your interest, and the geographic ability to actually be present when needed.
Name a successor agent. People die, decline, or move. The successor named in the document is the one who can act without a court appointment.
[ The Work ]
What we draft.
[ Durable Financial POA ]
Custom, not template.
A durable POA tailored to your assets, your agent, and the institutions that will read it. Drafted to be accepted, not just signed.
[ Springing Variants ]
Triggered on incapacity.
Where appropriate, a springing POA that activates only on documented incapacity. Useful, with care, for clients who want delayed authority.
[ HIPAA Integration ]
Information access.
HIPAA authorization included so the financial agent can access medical information when financial decisions require it.
[ Pricing ]
Flat-fee, almost always part of a planning package.
A standalone durable POA is flat-fee. Most clients have us draft the POA alongside a will or trust, in which case it is bundled at a lower combined rate. Disclosed in writing before drafting.
[ Questions ]
What clients usually ask.
A non-durable POA terminates at the principal's incapacity. A durable POA survives it. For estate planning purposes, only a durable POA is useful.
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