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Answers to your estate planning questions so you can take care of your family and yourself. Answers to your estate planning questions so you can take care of your family and yourself. Answers to your estate planning questions so you can take care of your family and yourself.
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Durable Powers of Attorney

Home / Durable Powers of Attorney /
 What is a Durable Power of Attorney?
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By Harry Margolis
In Durable Powers of Attorney
Posted September 8, 2025

What is a Durable Power of Attorney?

Key Takeaways: A durable power of attorney document allows a trusted person to manage your financial and legal affairs if you are unable to. Without it, family members will likely have a hard [...]

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 Do You Need a Guardian or Conservator if a Health Care Proxy and Power of Attorney are in Place?
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By Harry Margolis
In Durable Powers of Attorney, Guardianship and Conservatorship, Health Care Directives
Posted July 25, 2025

Do You Need a Guardian or Conservator if a Health Care Proxy and Power of Attorney are in Place?

Question: I’m wondering, if someone had named agents under a health care proxy and power of attorney while they had capacity, is there any benefit to also petitioning for guardianship or [...]

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By Harry Margolis
In Durable Powers of Attorney
Posted April 30, 2025

What If Bank Won’t Honor Power of Attorney or Loses POD Designation?

Question: I had a client who was POA for her mom (not my client) and they did a POA with the bank using the bank’s POA document instead of a POA with the lawyer (trying to save money), and [...]

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 What Do We Do If We Have No One to Name on Our Durable Powers of Attorney?
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By Harry Margolis
In Durable Powers of Attorney
Posted April 17, 2025

What Do We Do If We Have No One to Name on Our Durable Powers of Attorney?

Question: My wife and I have absolutely no one but each other to be our agents under our powers of attorney. After one of us passes, is there a place or a kind of firm that could assume that role [...]

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 How Can My Father Sign His Power of Attorney If He’s Physically Unable to Do So?
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By Harry Margolis
In Durable Powers of Attorney
Posted December 20, 2024

How Can My Father Sign His Power of Attorney If He’s Physically Unable to Do So?

Question: My father is trying to create a power of attorney, but he had surgery and lost the use of his hand. How does he proceed if he is not able to sign the power of attorney form? Response: [...]

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 How Can Seniors Avoid Scams and Financial Predators?
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By Harry Margolis
In Durable Powers of Attorney, Revocable Trusts
Posted October 31, 2024

How Can Seniors Avoid Scams and Financial Predators?

Question: My wife and I currently run a wellness center and the bulk of our clients are 55+ years in age. We are concerned that the rise in fraud and scams targeting elders will only skyrocket [...]

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 Can My Agent Under My Durable Power of Attorney Resign as Trustee on My Behalf?
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By Harry Margolis
In Durable Powers of Attorney, Revocable Trusts
Posted November 22, 2023

Can My Agent Under My Durable Power of Attorney Resign as Trustee on My Behalf?

Question: This question is about an issue that seems to be rarely discussed. In my state, one of the standard powers of an agent under a durable power of attorney is to “resign any fiduciary [...]

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 How Can an “Elder Orphan” Plan for the Future?
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By Harry Margolis
In Durable Powers of Attorney, Health Care Directives, Revocable Trusts
Posted November 17, 2023

How Can an “Elder Orphan” Plan for the Future?

Question: I have no immediate family nor close friends. I do have some distant cousins and a biological son who was adopted at birth. I’m having a hard time knowing how to start planning [...]

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 How Can I Have Guardianship Removed?
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By Harry Margolis
In Durable Powers of Attorney, Guardianship and Conservatorship
Posted October 4, 2023

How Can I Have Guardianship Removed?

Question: Several years ago I was in a very bad place mentally. My son sought guardianship over me which was granted by the court. He also has POA over my health and finances. My son is not [...]

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 How Can I Give My Agents Under My DPA the Power to Appoint Successor Agents?
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By Harry Margolis
In Durable Powers of Attorney
Posted August 8, 2023

How Can I Give My Agents Under My DPA the Power to Appoint Successor Agents?

Question: This question is about an issue regarding powers of attorney (POAs) that seems to be rarely discussed. About 40 states (including my state) have adopted a version of the Uniform POA [...]

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Wondering if a trust makes sense for you?

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Harry Margolis book: The Baby Boomers Guide to Estate Planning

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Wondering if a trust makes sense for you?

This comprehensive guide provides all you need to know (in plain English).

Harry Margolis book: The Baby Boomers Guide to Estate Planning

Get the Book
(An Amazon Prime Reading selection)

Read Sample Chapters