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How to Establish a Durable Power of Attorney for Estate Planning

Avoid Conservatorship: Set Up a Durable Power of Attorney

If you don't have the basic estate plan in place, and someone else needs to step in to take care of you, then they may need a Court order to get access to your bank accounts. Think about it: we don't want the banks to give just anyone access to our money without our permission. Without a basic estate plan in place, the bank doesn't know who to give permission to access our money. So the bank wants a Court order. That's where a conservatorship comes in.

Why Conservatorship Is Not the Best Option

A conservatorship may seem like a solution when someone can no longer manage their financial affairs, but it often creates more challenges than it solves. Once the Court becomes involved, your family loses control, privacy disappears, and the process can drag on for months. A Durable Power of Attorney prevents these issues by allowing you to choose who will manage your finances before a crisis happens, keeping your family out of court and in control.

The Risks of Relying on Conservatorship

  • Expensive. – The court filing fees, the cost of the bond, attorneys fees for the conservator, attorneys fees for the conservatee, conservator fees, etc. And who pays? The conservatee - the person who needs care. All the money comes out of money that could otherwise be used to care for the conservatee, draining their assets.
  • Complicated. – There are lots of rules, and the initial petition for conservatorship has multiple forms.
  • Time-consuming. –It can take months for the Court to establish a conservatorship. And you're constantly going to Court to file accountings, status hearings
  • Public. – Like all court records, everything is public record. There is no privacy in Probate Court. Worse, you have to give notice to all relatives of the conservatorship action, which may cause more family drama.

How Proper Planning Prevents Conservatorship

Having a comprehensive estate plan—especially a Durable Power of Attorney—allows you to decide exactly who should manage your finances if you become unable to do so. With proper planning:

  • Your chosen agent can act immediately without court involvement.

  • Your finances remain private and protected.

  • Your loved ones avoid the stress, cost, and delays of conservatorship.

  • You stay in control, even if life takes an unexpected turn.

By putting these documents in place now, you give your family clarity, stability, and peace of mind when they need it most.

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LEGACY Planning Session Now

Estate planning is more than just documents—it’s about protecting your family, your assets, and your legacy. At Marsala Law Firm, we guide you every step of the way with personalized planning to ensure your wishes are honored. Start your estate plan today with a trusted estate planning attorney.

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