This Advance Financial Directive applies if you become mentally incapable of making financial decisions yourself without the need of proceeding to court to have a conservator of your estate appointed. The Advance Financial Directive can also specify how you want your financial obligations handled during your incapacity, including what to do with real property assets, vehicles, business decisions and operations, etc., and what provisions should be made for your minor children or other dependents you may have and for whom you want to ensure the continued care, including your pets.

If your ability to make financial decisions diminishes – whether by way of dementia, unexpected coma or brain damage, or otherwise – financial institutions will require financial decisions to be made by a personal agent or court-appointed Conservator before they will allow any actions to occur on your accounts. If the durable power of attorney you appoint and nominate to make financial decisions upon your incapacity is not your spouse, your directions may be ignored unless you appointed them as your personal representative in an Advance Financial Directive.