The Care of the Incapacitated Adult-Part 3

It is generally, less expensive to create and administer than a conservatorship, guardianship, or living trust..

The non-springing version can avoid having to go to court for an incompetency hearing. This can be an embarrassing situation for the person who would be brought before the court.

It is simpler than a trust.

Disadvantages of the Durable Power Of Attorney:

The power will end when the principal dies, whereas a trust can continue after the client's death.

Certain financial institutions may be unwilling to honor the durable power of attorney if they are not satisfied that it is currently valid. There is no guarantee that they will honor the power.

Some attorneys-in-fact can misuse their powers and take advantage of their position.

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