• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
MacElree Harvey, Ltd.

MacElree Harvey, Ltd.

Initiative in Practice

  • Home
  • Legal Services
        • Banking & Finance Law
        • Business & Corporate Law
        • Criminal Defense Law
        • Employment Law
        • Estates & Trusts Law
        • Family Law
        • Litigation Law
        • Personal Injury Law
        • Real Estate & Land Use Law
        • Tax Law
  • Our Team
        • Joseph A. Bellinghieri
        • Patrick J. Boyer
        • Krzysztof M. Bozentka
        • Jeffrey P. Burke
        • Robert A. Burke
        • Matthew C. Cooper
        • John C. Cronin
        • Daniel T. Crossland
        • Marie I. Crossley
        • Harry J. DiDonato
        • Caroline G. Donato
        • Lindsay A. Dunn
        • Sally A. Farrell
        • Brian J. Forgue
        • William J. Gallagher
        • Patrick J. Gallo, Jr.
        • Mary Kay Gaver
        • J. Charles Gerbron, Jr.
        • Leo M. Gibbons
        • Carolina Heinle
        • Court Heinle
        • Daniel Horowitz
        • Amanda Jester
        • Peter E. Kratsa
        • Mary E. Lawrence
        • Daniel R. Losco
        • Michael G. Louis
        • Thomas C. Marconi
        • John F. McKenna
        • Matthew M. McKeon
        • Brian L. Nagle
        • Ronald C. Nagle
        • Lance J. Nelson
        • Timothy F. Rayne
        • Michael C. Rovito
        • Duke Schneider
        • Tiffany M. Shrenk
        • Andrew R. Silverman
        • Ashley B. Stitzer
        • Louis N. Teti
        • Aileen Wang
        • Beverly J. Wik
        • Felix Yelin
  • About Us
    • Our History
    • Our Approach
    • Social Responsibility
    • Testimonials
  • News & Updates
    • Articles by Our Attorneys
    • News
    • Podcasts
    • Videos
    • Newsletters
  • Offices
    • Centreville, DE
    • Hockessin, DE
    • Kennett Square, PA
    • West Chester, PA
  • Contact
  • (610) 436-0100

General Durable Power of Attorney

Why are Powers of Attorney so Important?

September 11, 2017 by Kristen R. Matthews, Esq.

I stress to my clients of all ages the importance of having valid Powers of Attorney in place. I recommend that all clients have a Healthcare Power of Attorney and a General Durable Power of Attorney. The Healthcare Power of Attorney appoints a Healthcare Agent who will make your medical decisions on your behalf if you are unable to effectively communicate with your medical providers. The General Durable Power of Attorney appoints a General Agent who will manage all non-healthcare decisions on your behalf including tasks such as signing documents, filing taxes, and bill payment.

If an individual becomes incapacitated (i.e. unable to manage his or her financial and/or medical affairs) the Power of Attorney Agent is empowered to act on the incapacitated individual’s behalf. The problem arises when the incapacitated individual never executed Powers of Attorney while he or she possessed the capacity to do so. In such a situation, a Guardianship will be required.

A Petition to seek Guardianship of an incapacitated person can be brought by any party who has an interest in the well-being of the incapacitated person. In many cases, a spouse or close family member will petition for Guardianship. In other cases where there may not be a spouse or close family member, or perhaps a contentious or hostile situation surrounds the incapacitated person, an independent third party organization may seek guardianship.

The procedure for appointing a Guardian can be time-consuming and costly. A doctor must perform a medical examination of the alleged incapacitated person to establish that he or she is in fact incapacitated. Even in situations where a spouse or family member is seeking guardianship, the Court will often appoint an independent attorney to represent the incapacitated person’s interests. A Guardianship requires the formalities of notice to all interested parties, including the incapacitated person, and a hearing before an Orphans Court judge.

It is important to remember that although guardianships have an important role in estate litigation and in some cases are absolutely necessary, they can almost always be avoidable by having an attorney prepare for you valid General Durable and Healthcare Powers of Attorney.


Kristen R. Matthews works closely with individuals on a wide variety of estate and trust planning and administration matters. She is an experienced elder law attorney and assists clients with matters including advance and crisis Medicaid planning, guardianships, special needs trusts, and Veterans Pension benefits. To learn more about Kristen’s practice email her at [email protected], or call her at 610-840-0272. 

Filed Under: Articles by Our Attorneys Tagged With: General Durable Power of Attorney, guardianship, Healthcare Power of Attorney

Primary Sidebar

  • Articles by Our Attorneys
  • News
  • Podcasts
  • Videos
  • Newsletters

Footer

(610) 436-0100

LEGAL SERVICES

  • Banking & Finance Law
  • Business & Corporate Law
  • Criminal Defense Law
  • Employment Law
  • Estates & Trusts Law
  • Family Law
  • Litigation Law
  • Personal Injury Law
  • Real Estate & Land Use Law
  • Tax Law

ABOUT US

  • Our History
  • Our Approach
  • Social Responsibility
  • Testimonials

NEWS & INSIGHTS

  • Articles by Our Attorneys
  • News
  • Podcasts
  • Videos
  • Newsletters

OFFICES

Centreville, DE

5721 Kennett Pike
Wilmington, DE 19807
302-654-4454
Learn More

Hockessin, DE

724 Yorklyn Rd #100
Hockessin, DE 19707
302-239-3700
Learn More

Kennett Square, PA

209 East State Street Road
Kennett Square, PA 19348
610-444-3180
Learn More

West Chester, PA

17 West Miner Street
West Chester, PA 19382
610-436-0100
Learn More

  • Terms of Use
  • Privacy Policy
  • Disclaimer
  • Staff Only
  • Careers

© 2023 and all rights reserved by MacElree Harvey, Ltd.