How to Use Durable Powers of Attorney to Protect Client Interests
Planning ahead is one of the most practical ways to protect yourself, your family, and your finances. While many people think about wills and trusts, durable powers of attorney often receive far less attention, even though they play a major role in estate planning.
These documents allow someone you trust to act on your behalf if you become unable to manage your own affairs. Without them, loved ones may face delays, court involvement, and added stress during already difficult moments.
At Bochnewich Law Offices, we work closely with clients to build thoughtful estate planning strategies that include durable powers of attorney. From our office in Palm Desert, California, we serve clients across Southern California, including Riverside County, Los Angeles County, San Bernardino County, Orange County, and San Diego County.
We take time to understand personal goals, family dynamics, and financial concerns before preparing documents. We believe estate planning is about preparation, communication, and peace of mind. Durable powers of attorney play a meaningful role in protecting client interests and reducing uncertainty during challenging times.
Our approach focuses on clarity and practicality, so clients feel supported at every stage. Here, we’ll explain how durable powers of attorney work and how they fit into a broader estate planning strategy, allowing you to maintain control and stability over the long term. Reach out to us today to learn more or schedule a consultation.
What to Know About Durable Powers of Attorney
A durable power of attorney is a legal document that authorizes another person, known as an agent, to act on your behalf in certain matters. The word durable means the authority continues even if you become incapacitated. This feature distinguishes it from a standard power of attorney, which often ends upon incapacity.
In estate planning, durable powers of attorney are commonly used to address financial and legal matters. They allow an agent to pay bills, manage bank accounts, handle investments, and handle property-related tasks.
When these responsibilities are clearly defined, the risk of confusion or disputes can be reduced. A well-drafted document provides guidance when clarity matters most.
Why Durable Powers of Attorney Matter in Estate Planning
Estate planning isn’t only about what happens after death. It also involves planning for periods of illness or injury when decision-making becomes difficult or impossible. Durable powers of attorney address this gap by offering a way to manage daily and long-term responsibilities without court involvement.
Without a durable power of attorney in place, families may need to pursue a conservatorship or guardianship through the court system. This process can take time, cost money, and place decisions in a judge's hands rather than in those of someone you personally selected. Including durable powers of attorney in an estate planning strategy helps maintain privacy and personal choice.
Choosing the Right Agent
Selecting an agent is one of the most important steps in creating a durable power of attorney. This individual should be trustworthy, organized, and willing to act in your best interests. Many people choose a spouse, adult child, or close relative, but the right choice depends on personal circumstances.
It’s also possible to name more than one agent or include a successor agent if the first choice is unavailable. Clear communication with the chosen agent is helpful, so they understand expectations and responsibilities in advance. In estate planning, these conversations can help reduce misunderstandings later.
Common Powers Granted Under a Durable Power of Attorney
A durable power of attorney can be broad or limited, depending on how it’s written. Some clients prefer to grant wide authority, while others choose to restrict powers to specific tasks. The document should reflect the client’s comfort level and overall planning goals.
Common areas of authority often include the following:
Managing bank accounts and paying bills
Handling real estate transactions
Managing investments and retirement accounts
Filing taxes and addressing government benefits
Overseeing business interests
Including these powers within estate planning documents helps agents respond quickly when action is needed. It also helps financial institutions feel more comfortable accepting the agent’s authority.
Timing and Activation of Authority
Durable powers of attorney can take effect immediately upon signing or only upon a specific event, such as incapacity. Immediate authority allows an agent to assist with financial tasks right away, even if the principal remains capable. This approach is sometimes used for convenience or during extended travel.
Other clients prefer a springing power of attorney, which takes effect only upon a triggering event. While this option may feel more comfortable for some, it can create delays if proof of incapacity is required. In estate planning, discussing these timing options helps clients choose the option that best fits their needs and comfort level.
Protecting Client Interests Through Clear Drafting
The effectiveness of a durable power of attorney depends heavily on how it’s drafted. Vague language can lead to confusion or rejection by banks and other institutions. Clear and specific terms help protect client interests and reduce the likelihood of disputes.
Including instructions on compensation, record-keeping, and limitations on authority adds another layer of protection. Some clients also request regular updates or require agents to consult with other family members before making major decisions. Thoughtful drafting strengthens estate planning and supports accountability.
How Durable Powers of Attorney Work With Other Estate Planning Tools
Durable powers of attorney don’t replace wills or trusts. Instead, they work alongside them to create a more comprehensive estate-planning structure. While a trust may manage assets during incapacity, a durable power of attorney can address matters outside the trust, such as personal bank accounts or tax filings.
Coordination between documents is important. Beneficiary designations, trust terms, and powers of attorney should align to avoid conflicting instructions. Reviewing these documents together helps maintain consistency across an estate planning strategy.
Updating Durable Powers of Attorney Over Time
Life changes can affect whether a durable power of attorney continues to reflect your current wishes. Marriage, divorce, relocation, or relationship changes may require updates. Financial circumstances may also shift, making prior instructions less suitable.
Regular reviews are a key part of effective estate planning. Updating documents allows clients to adjust agents, revise authority, and reflect current goals. Keeping documents current with the assistance of experienced estate planning attorneys also helps avoid reliance on outdated provisions that no longer fit a client’s situation.
Plan for the Future With Confidence
Durable powers of attorney are a vital part of estate planning that often go overlooked. By granting trusted individuals the authority to act when needed, clients can protect their finances, reduce stress for loved ones, and maintain personal control during uncertain periods. These documents work best when they’re carefully drafted, regularly reviewed, and coordinated with other planning tools.
At Bochnewich Law Offices, we help clients in Palm Desert, California, and throughout Southern California, including Riverside County, Los Angeles County, San Bernardino County, Orange County, and San Diego County, understand how durable powers of attorney fit into a complete estate planning approach. If you’re ready to take proactive steps to protect your interests, contact our office to schedule a consultation and begin planning with confidence.