When you plan your estate, you can be proactive and prevent a guardianship. An effective estate plan will include an incapacity planning component.Learn more about durable power of attorney in North Dakota

1. SHOULD I HAVE A
DURABLE POWER
OF ATTORNEY IN
NORTH DAKOTA?

2. Should I Have a Durable Power of Attorney in North Dakota? www.germanlawgroup.com
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When you think about estate planning, you are invariably going to think about
financial matters. Indeed, you should facilitate effective and efficient asset
transfers when you are devising your estate plan.
At the same time, people do not typically pass away after they were in perfectly
good health for the years and months leading up to their passing. A
comprehensive estate plan will also address some of the contingencies that you
may face during the latter portion of your life.

3. Should I Have a Durable Power of Attorney in North Dakota? www.germanlawgroup.com
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INCAPACITY IS COMMON
No one wants to embrace the notion, but the reality is that incapacity is relatively
common among people who have reached an advanced age.
How common is it? The facts may surprise you. There are a number of different
causes of incapacity, but Alzheimer's disease certainly gets your attention.
This disease strikes approximately four out of every 10 Americans who are at
least 85. People are living longer lives, and you may well live into your eighties
and beyond.

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GUARDIANSHIP
We have all heard of Alzheimer's disease, and everyone knows that incapacity
can strike, but many people take the "it will never happen to me" approach.
If you do nothing to prepare for possible incapacity, what would happen if you
were to become unable to handle all of your own affairs? The answer is that
interested parties could
petition the state to
appoint a guardian to step
in. This court-appointed
guardian would be
empowered to act on your
behalf, and you would
become a ward.
Most people would not consider this to be a very pleasant proposition. You would
have no control over the decisions of the court, and the guardian that is chosen
may not be someone that you would have selected on your own.
Plus, there can be disagreements among members of the family.

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DURABLE POWERS OF ATTORNEY
You could prepare for possible incapacity through the creation legal documents
called durable powers of attorney. The "durable" designation is significant. A
standard power of attorney that is not durable would not remain in effect if the
grantor of the power was to become incapacitated at some point in time.
There are different facets of life that would be impacted if you were unable to
handle your own affairs. You can account for this through the execution of two
durable different powers of attorney.

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A durable financial power of attorney would typically be executed. As the name
would suggest, the agent or attorney-in-fact that you name in the document
would be empowered to handle your financial affairs if you were to become
unable to make your own decisions.
Health care decision making is another piece to the puzzle. Your incapacity plan
could also include a durable power of attorney for health care. The agent that
you name in the document would be able to make medical decisions on your
behalf in the event of
your incapacitation.
The durable power of
attorney for health care
is sometimes called a
health care proxy.
We should point out the
fact that you could choose to execute springing durable powers of attorney.
These documents would only go into effect if you were to become incapacitated.

7. Should I Have a Durable Power of Attorney in North Dakota? www.germanlawgroup.com
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SUMMARY
Incapacity is not uncommon among the oldest old, and this is a reality that we
all must face.
The state could appoint a representative to manage your affairs if you take no
steps in advance to name your own hand-picked decision-makers. This
representative would be
your guardian, and you
would become a ward
of the state.
When you plan your
estate, you can be
proactive and prevent a
guardianship. An
effective estate plan will include an incapacity planning component.
You could use durable powers of attorney to name representatives to act on your
behalf. When these documents are in place, there would be no need for a
guardianship proceeding. The state would not be involved, and decision-makers
of your own choosing would be empowered to handle your affairs.

8. Should I Have a Durable Power of Attorney in North Dakota? www.germanlawgroup.com
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We have provided some basic information about durable powers of attorney in
this paper. To learn more, schedule a consultation with a licensed estate
planning lawyer.
REFERENCES
Alzheimer's Association
https://www.alz.org/
American Bar Association
http://www.americanbar.org/groups/law_aging/resources/consumer_s_toolkit_fo
r_health_care_advance_planning.html

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About the Author
Raymond J. German
As an attorney in Minnesota and North Dakota, Raymond
J. German provides a wide range of estate planning
services to his clients, with a primary focus on helping
them provide for the security of their loved ones, reduce
estate taxes and avoid or at least minimize the costs and
delays of probate, all with a well-crafted estate plan. Mr.
German defines the mission statement for German Law
Group, PC, as "Helping one family at a time pass on
values, beliefs and finances, which can be shared for
generations to come." Mr. German is well aware of the
growing importance of estate planning and dedicates himself to informing the
public of the need for careful attention to their specific situations. He is a
frequent speaker on a variety of estate planning topics, regularly presenting
educational seminars for the public as well as private groups.
Raymond J. German approaches each challenge with not just solid expertise, but
also remarkable enthusiasm and vigor. By constantly seeking simpler, better, and
more effective ways of doing things, he continues to make a real difference in
the lives of families and on the way estate planning is practiced by attorneys
around the country.
German Law Group, PC
www.GermanLawGroup.com
GRAND FORKS
2650 32nd Avenue South, Suite O
Grand Forks, ND 58201
Phone: (701) 738-0060
Toll Free: (800) 774-7576
Fax: (701) 738-0064