What Is a Durable Power of Attorney—and Why Does It Matter?

A durable power of attorney (DPOA) is a foundational legal document that allows you to appoint someone you trust to make decisions on your behalf if you become incapacitated. This authority can cover both health care choices and financial matters, ensuring your wishes are honored even when you’re unable to speak for yourself.

What Happens If You Don’t Have One?

Without a DPOA, your loved ones may be forced to go through a court-supervised guardianship or conservatorship process. This involves a judge deciding who will manage your affairs—a process that can be:

  • Time-consuming

  • Emotionally draining

  • Expensive

  • Subject to ongoing court oversight and reporting requirements

In short, it adds stress during an already difficult time.

How Does a Durable Power of Attorney Help?

Creating a DPOA offers powerful benefits:

  • Peace of mind—knowing your affairs are in trusted hands

  • Avoids court intervention—no need for guardianship proceedings

  • Protects your wishes—your agent acts according to your instructions

  • Eases the burden on loved ones—no guesswork, no legal hurdles

Can You Customize Your Durable Power of Attorney?

Absolutely. A well-crafted DPOA should reflect your unique preferences and priorities. Working with an experienced attorney ensures:

  • Clear instructions for your agent

  • Defined scope of authority

  • Provisions for future contingencies

This isn’t a one-size-fits-all document—it’s a personalized safeguard.

Why It’s a Smart Step in Estate Planning

Establishing a durable power of attorney is one of the most proactive moves you can make in your estate plan. It empowers you to:

  • Stay in control—even if life takes an unexpected turn

  • Protect your family from unnecessary legal stress

  • Ensure your values and decisions are respected

---------------------------

Sacramento Estate Planning, Tax Planning and Business Attorney.

I’m John Goralka, a Sacramento Estate Planning, Tax Planning and Business Attorney at the Goralka Law Firm, P.C. If you have an estate, tax or business situation needing legal help, contact our team for experienced and friendly advice. You can contact us at 916-440-8036. Alternatively, you can use our convenient online contact form here on our website. We listen, and you can have your questions answered, your case evaluated, and explore your options for getting the legal help you need. 

There are almost 200,000 attorneys in the state of California, and fewer than 100 of those attorneys are State Bar Specialists in Estate Planning, Trusts and Probate and State Bar Specialists in Taxation.  I am one of the few attorneys with both critical specializations.  I passed the California CPA examination and am a former income tax auditor and hearing officer.  I am also recognized as a top attorney in the United States by US News and World Reports and by Best Lawyers and hold an AV rating from Martindale which is the premiere rating organization for attorneys.  The AV rating is the highest possible rating for legal experience and for legal ethics.  

For help with estate planning, business planning or tax planning, please contact our office.