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Why a Durable Power of Attorney Is Essential for Medicaid Planning

On Behalf of | Jul 17, 2025 | Firm News |

Power of Attorney (POA) vs. Durable Power of Attorney (DPOA): What’s the Difference And Why Does It Matter?

A standard Power of Attorney (POA) does not remain valid if the person who created it becomes incapacitated.

In contrast, a Durable Power of Attorney (DPOA) stays in effect even after mental incompetency.

So Why is This Important?

If you or a loved one develops Alzheimer’s, dementia, or any other condition that affects mental capacity, having a DPOA in place is crucial. It allows a trusted family member or friend to step in and manage financial affairs, assist with asset protection, and help apply for Medicaid benefits without the delays, cost and legal hurdles of guardianship.

Planning ahead with a properly drafted DPOA can make all the difference in securing long-term care and preserving assets.