What can a Durable Power of Attorney do?

A Durable Power of Attorney (DPOA) is a legal document that allows an individual to designate someone else to act on their behalf in matters of financial and legal affairs. This type of document is particularly important for individuals with disabilities in the state of North Carolina. In most cases, a DPOA allows the designated individual to have a say in medical, financial, and legal decisions on behalf of the person with a disability. This individual, or “agent,” generally acts in accordance with the wishes of the individual with a disability and with the law. It is important to note that the DPOA must be in writing and that it can be tailored to the specific needs of the individual. In terms of disability planning law, these are the primary roles of an agent who has been granted a DPOA: • Make medical decisions on behalf of the individual with a disability • Make decisions regarding insurance and other financial matters • Handle estate planning, wills, and trusts • Manage tax issues • Communicate with government agencies and public services • Represent the individual in court It is important to note that the agent granted power of attorney is not allowed to legally change the terms of the DPOA. In addition, if the individual with a disability has an attorney, the agent must defer to their authority. Overall, a DPOA can be an important legal tool for individuals with disabilities in North Carolina. It can help to ensure that their wishes are respected and that their finances and legal affairs are taken care of.

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