You’ve probably heard the phrase “power of attorney” tossed around—maybe when a loved one got sick or when someone needed help managing finances. But if you’re like most people, the details are fuzzy. Do I need one? When does it kick in? Who should I name?
As an estate planning attorney and your local “estate planning bestie,” I’m here to make this easy, clear, and totally manageable. So let’s talk about one of the most important legal documents in your plan: the Durable Power of Attorney (DPOA).
A Durable Power of Attorney is a legal document that allows you to name someone—your Agent—to handle your financial and legal affairs if you ever can’t manage them yourself.
This might be temporary (like during a hospital stay or overseas travel) or permanent (like after a stroke or due to memory loss). The “durable” part means it stays in effect even if you become incapacitated.
This document is about protection, preparation, and peace of mind.
The term “durable” means this Power of Attorney remains in effect even if you become incapacitated—mentally or physically unable to make your own decisions.
This is crucial. A non-durable POA would stop working right when your loved ones need it most. By making it durable, you ensure that the person you trust can continue to act on your behalf—without going to court—if something unexpected happens.
It’s one of the strongest tools you have to plan for the “what ifs” in life, especially as we age or face medical uncertainty.
If something unexpected happens and you don’t have a DPOA, your loved ones may have to go to court to be appointed as your guardian—an expensive, stressful, and time-consuming process that puts decisions in the hands of a judge, not your family.
With a DPOA in place, the person you trust can immediately step in and help, without red tape. That’s a gift not only to you, but to the people who love you.
You get to decide how much or how little power to give your Agent. Most people choose to give broad authority so that their Agent can truly help when needed. That typically includes powers like:
Managing your bank and investment accounts
Paying bills, filing taxes, and handling insurance claims
Buying or selling real estate
Managing your business or rental properties
Applying for government benefits like Medicaid
Accessing digital accounts (email, social media, cloud storage)
Transferring or protecting assets if long-term care is needed
Your Agent must act in your best interest and follow any instructions you leave. They’re a fiduciary, which is a fancy way of saying they’re legally and ethically bound to do right by you.
In most of the DPOAs I draft, the authority is effective immediately. That doesn’t mean your Agent starts taking over—it just means they can step in right away if needed. You still remain fully in control as long as you’re able to make decisions.
We can also make the DPOA “springing,” meaning it only activates if you become incapacitated. But this option can sometimes create delays or complications, especially if your Agent has to prove you’re incapacitated before they can act.
This is one of the most common—and most important—questions I hear. And the short answer is: yes, your finances are protected when you grant someone Power of Attorney, as long as you choose someone trustworthy.
The person you name as your Agent has what’s called a “fiduciary duty.” That’s a legal term, but here’s what it means in plain English:
They are legally required to act in your best interest. They can’t use your money for themselves, make decisions that benefit them over you, or misuse their authority. If they do, they can be held personally responsible—and even face legal consequences.
Think of it like putting someone in the driver’s seat of your finances—but with guardrails, laws, and oversight in place.
If it’s right for your situation, you can authorize your Agent to “self-deal”—so you can allow them to do things like transfer property to themselves. This power often makes sense when your Agent is your spouse or your only child.
As your attorney, I take time to explain your options and help you design a Power of Attorney that best fits your individual sutiation. I explain the Agent’s powers and responsibilities, both to you and to the person you name. Most people pick someone close to them—like a spouse, adult child, or sibling—who they trust completely. But you’re always in the driver’s seat when it comes to the powers you give, and we can limit or customize those powers as needed.
The bottom line? You’re not giving someone a blank check. You’re giving them tools to help you—not take over or take advantage.
You can revoke your DPOA at any time, as long as you have capacity. If your circumstances change—maybe your Agent moves away, or your relationship shifts—you can update your plan easily.
In fact, it’s a great idea to review your estate plan every few years or after major life changes.
This is one of the most personal and important choices in your estate plan. Your Agent should be:
Trustworthy and financially responsible
Good under pressure
Willing to act in your best interest, not their own
Ideally someone who lives nearby, but not required
It’s okay if your first choice is your spouse, your child, or even a friend. Just make sure they understand the responsibility—and that you’re confident in their ability to manage it.
The Durable Power of Attorney is one of the unsung heroes of estate planning. It’s not flashy. It doesn’t deal with who gets what. But when life throws a curveball, it’s the document that quietly steps up and saves the day.
If you don’t have one, or if you’re not sure if yours is up to date, I’d love to talk. At Ohio Heritage Law, I work with clients across Wadsworth and the surrounding area to create clear, customized plans that reflect your goals—and give your family the peace of mind they deserve.
Because estate planning isn’t just about documents. It’s about relationships, protection, and putting your wishes in writing.
Let’s get started.
Jeanette Mullett-Meisel
Attorney & Founder, Ohio Heritage Law LLC
(330) 571-4151
Wadsworth, Ohio
jeanette@ohioheritagelaw.com
www.ohioheritagelaw.com
Legal Disclaimer:
The information provided in this blog post is for general educational and informational purposes only and is not intended as legal advice. Reading this blog does not create an attorney-client relationship with Ohio Heritage Law LLC or Jeanette Mullett-Meisel. Every person’s situation is different, and you should consult with a qualified attorney licensed in your jurisdiction before making legal decisions. Ohio Heritage Law LLC practices law exclusively in the state of Ohio.
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