A Power of Attorney is where you appoint an "attorney-in-fact" to make decisions for you and to care for you in the event you become disabled or incompetent before your death. Your attorney-in-fact is usually your spouse or one of your children. A Durable Power of Attorney for Health Care allows your attorney-in-fact to make health care and related decisions for you in the event you are not able to make these decisions for yourself. A Uniform Statutory Power of Attorney allows your attorney-in-fact to make financial decisions for you and to write checks and make other decisions concerning the management of your assets in the event that you are not able to accomplish these duties yourself.

Having a Durable Power of Attorney for Health Care and a Uniform Statutory Power of Attorney are both integral parts of your estate plan. Failing to have both of these documents could mean you might end up in a conservatorship proceeding if you become disabled or incompetent. A conservatorship proceeding takes place in probate court and requires that your spouse or a close family friend or relative petition the court for permission to make health and financial decisions for you; it is a costly proceeding involving attorney's fees, court filing fees, investigative fees, accounting fees and annual reports to the court.