Planning for the Future with your Durable Power of Attorney

When it comes to planning for your future, a Durable Power of Attorney (DPOA) is one of the most flexible and powerful legal tools available. It allows you to appoint someone you trust to manage your financial affairs and make decisions on your behalf if you become incapacitated. While most people think of this document in terms of paying bills or managing bank accounts, the DPOA can also play a vital role in long-term care planning—especially when it comes to qualifying for Medicaid.

 Medicaid eligibility is complicated, particularly when you’re trying to preserve assets while meeting strict financial criteria. One often-overlooked strategy is to include specific provisions in your Durable Power of Attorney that authorize your agent to change or update beneficiary designations. These clauses empower your chosen representative to make critical adjustments—like shifting the beneficiary on a life insurance policy or retirement account—which can be a key part of ensuring that assets are protected and properly aligned with Medicaid rules.

 Without those provisions, your agent’s hands may be tied, leaving them unable to act when strategic updates could make a big difference in your eligibility or estate protection. By including language that clearly allows changes to beneficiaries, your agent can reposition funds, redirect assets, and potentially help you qualify for Medicaid without unnecessary delays or denials.

 It’s important to understand that these provisions aren’t automatically included in every Durable Power of Attorney. If the document is too generic or lacks specific planning language, your agent may face roadblocks when attempting to act in your best interest. That’s why thoughtful drafting matters—especially when long-term care and government programs are in the picture.

 At King & Perone, PLLC, we guide clients through the creation of durable powers of attorney that do more than just cover the basics. We build documents that anticipate future needs, include precise legal language, and align with broader estate and Medicaid planning goals. Whether you’re planning for your own future, or simply want peace of mind, we’re here to help craft a plan that gives you both flexibility and control.

 Let’s build your future with purpose—and protect what matters most.