Top 7 Reasons Why You Should Consider a Durable Power of Attorney in North Carolina vs Guardianship

Learn about the advantages of creating a Durable Power of Attorney in North Carolina and how it can provide peace of mind, continuity of care, and flexibility compared to going to court for guardianship.

What is a Durable Power Of Attorney

In North Carolina, a durable power of attorney (DPOA) is a legal document that grants someone else the power to act on your behalf when you are unable to do so. In North Carolina, creating a DPOA can be a smart choice for individuals who want to avoid the need to go to court and get permission to act as a guardian. It is also part of a larger set of documents that you should have as a proper estate plan. 

Here are seven reasons why to Get a Durable Power of Attorney

1. 1. You Choose Who Will Act on Your Behalf

      When you create a DPOA, you get to choose who will act as your agent. This gives you the ability to select someone you trust to make decisions for you if you become incapacitated.

   2. You Save Everyone Time and Money

      Going through the guardianship process in court can be time-consuming and expensive. Creating a DPOA can save you and your loved ones time and money in the long run. As a side note, we charge a flat fee of $250.00 plus recording costs for a Durable Power Of Attorney, which is much cheaper than the $2,500.00 retainer we would charge and the time + court fees it would take to go through a guardianship process with the court.

   3. Can Be Customized to Meet Your Needs

      With a DPOA, you have the ability to customize the document to meet your specific needs. You can give your agent as much or as little power as you want, and you can specify the types of decisions they can make on your behalf.

   4. Continuity of Care

      When you create a DPOA, you ensure continuity of care. Your agent can make financial decisions for you, ensuring that you receive the financial care you need even if you are unable to make decisions for yourself. Without a DPOA, other government agencies like DSS or a court-appointed guardian will make those decisions, and that person can change over time without your input.  This is per the NC General Statues.
      

   5. Provides Peace of Mind

      Creating a DPOA can provide peace of mind for both you and your loved ones. You know that your affairs will be taken care of if something happens to you, and your loved ones know that they will not have to go through the guardianship process.
      

   6. Avoids Potential Family Conflict

      Guardianship proceedings often lead to family conflict. By creating a DPOA, you can avoid this potential conflict by choosing who will act as your agent.
      

   Can Be Revoked or Changed

   A DPOA is a flexible document that can be revoked or changed at any time, as long as you have the capacity to do so. This gives you the ability to make changes as your circumstances change.

Next Steps 

Creating a durable power of attorney in North Carolina can provide many benefits over going to court and getting permission to act as a guardian. It saves time and money, provides continuity of care, avoids potential family conflict, and gives you the ability to choose who will act on your behalf. Creating a DPOA with an estate planning attorney can provide peace of mind for both you and your loved ones, knowing that your affairs will be taken care of if something happens to you.

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