Jay Leno’s conservatorship case shows that even spouses may need court approval to manage finances or medical care when a loved one becomes incapacitated. In Alabama and Florida, proper planning — including durable powers of attorney, living wills, and health care surrogate designations — can help families avoid public court proceedings, ensure care continues, and give clear guidance on who makes decisions if you cannot.

Adding a child or trusted family member to your bank account may seem like a simple way to get help with bills or finances, but it can have serious and unintended estate planning consequences. Joint bank accounts often override your will, expose your money to another person’s creditors, and create family conflict. Learn why a durable financial power of attorney is often a safer way to get financial help while protecting your estate plan and inheritance wishes.

A durable power of attorney gives an agent broad authority to manage finances if the principal becomes incapacitated. Serving as an agent is both an honor and a fiduciary duty with legal risks. Agents must act in the principal’s best interest, keep accurate records, manage property responsibly, and stay within the scope of authority. By following best practices and seeking legal guidance, agents can protect their loved one’s assets while avoiding costly mistakes.

Learn about incapacity planning and protect your family's future. Discover essential legal documents for effective incapacity planning.