Creating a quality estate plan is all about drafting the right legal documents to protect you, your assets and your loved ones.
A Durable Power of Attorney is just one of these essential documents, designed to ensure that your financial affairs continue to be handled if you should become incapacitated.
But as with any legal document, the validity of a Financial Durable Power of Attorney can be challenged.
Family members or friends can argue that you were coerced or werent of sound mind when you created the document and if your state of mind is doubtful, your Power of Attorney could in fact, be revoked.
Whats more, your mental state will prevent you from being able to dispute the contest when it happens.
So, what can you do?
To make your Durable Power of Attorney as solid as possible, you should first consult with a qualified estate planning attorney. He or she can review your legal document and help you fine-tune any areas or language that might be questionable.
Having your document witnessed can also help just be sure that your witnesses do not have any stake in your estate.
If youre concerned that your state of mind might be brought into question, a doctors statement can help the judge put that concern to rest.
Of course, theres no way to guarantee that your Power of Attorney wont be challenged. Legal documents, such as Wills and Advanced Directives are challenged all the time. But following the advice of your estate planning attorney will help reduce the chances that your document will be challenged down the road.