Incapacity is a major concern for many seniors and their families. Legally, incapacity refers to the inability to make sound decisions regarding one’s personal or financial affairs. Without proper planning, this can lead to significant challenges, especially in managing assets and medical care. This is why Safe Harbor Law Firm strongly recommends that clients establish durable powers of attorney for both medical care and finances.

What Are Durable Powers of Attorney?

Durable powers of attorney are legal documents that allow you to appoint someone you trust to make important decisions on your behalf should you become incapacitated. This person, known as your agent, can be given broad or limited authority to manage your affairs depending on your preferences. You can also appoint multiple agents and decide whether they need to work together or independently.

Why You Need Durable Powers of Attorney

Failing to designate a durable power of attorney can result in the court appointing someone to manage your financial affairs and medical care. This person may not be someone you would have chosen, and the court processes involved are often expensive, time-consuming, and stressful for your family. By having durable powers of attorney, you ensure that someone you trust will be making decisions on your behalf, according to your wishes.

Benefits of Durable Powers of Attorney

1. Control Over Decision-Making

With durable powers of attorney in place, you get to choose who makes decisions for you. This means you can select a person who understands your values and preferences, providing peace of mind for both you and your family.

2. Prevention of Family Disputes

Legal battles over what an incapacitated person “would have wanted” can be emotionally and financially draining. Durable powers of attorney help prevent such disputes by clearly outlining your wishes in advance.

3. Peace of Mind

Knowing that your needs will be met according to your wishes helps alleviate stress. Your family will also be spared from making tough decisions without knowing what you would have preferred.

How Safe Harbor Law Firm Can Help

At Safe Harbor Law Firm, we understand that planning for potential incapacity can be daunting. Our team specializes in elder law and provides comprehensive services to help you prepare for the future. Here are some of the ways we can assist you:

Long-term Care Planning

We help you strategize for the possibility of needing long-term care, ensuring it doesn’t deplete your financial resources. Our Medicaid planning services are designed to help you qualify for assistance while preserving your assets.

Asset Protection

Protecting your hard-earned assets from potential threats like lawsuits or creditors is crucial. We offer tailored strategies to safeguard your property and savings.

Estate Planning

Efficient estate planning ensures that your assets are distributed according to your wishes after your passing. We provide customized plans that reflect your unique situation.

Personalized Approach

Every client’s needs are different. Our process includes a dedicated consultation to understand your specific concerns, followed by a customized plan that we implement and review regularly to adapt to changing circumstances.

Getting Started with Safe Harbor Law Firm

Beginning the conversation about your elder law needs doesn’t have to be overwhelming. At Safe Harbor, we aim to make the process seamless:

  1. Initial Consultation: We start with a dedicated session to understand your unique needs and concerns.
  2. Customized Planning: Post-consultation, our team crafts a plan tailored to your situation.
  3. Implementation: Once you’re comfortable with the strategy, we put your plan into action.
  4. Periodic Reviews: Laws and personal situations change. We regularly review and update your strategy to ensure it remains optimal.


Taking control over incapacity with durable powers of attorney is a crucial step in protecting your future and providing peace of mind for your loved ones. Safe Harbor Law Firm is here to guide you through every step of the way, offering expert advice and personalized solutions to ensure your wishes are honored.

Ready to seize control over incapacity? Contact Safe Harbor Law Firm today to schedule your consultation.

Fill out the form below and get your free Probate Guide

This field is for validation purposes and should be left unchanged.

Fill out the form below and get your free Medicaid Guide

This field is for validation purposes and should be left unchanged.

Fill out the form below and get your free Estate Planning Guide

This field is for validation purposes and should be left unchanged.