What happens if you do not have a durable power of attorney?

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If you become incapacitated without the having a durable power of attorney in place it will be necessary to go to court to have a guardian or conservator appointed by the court to manage your affairs. This can be an expensive and time-consuming proposition and may result in a person who would not be of your choosing being appointed as your guardian or conservator. In addition the guardianship or conservatorship is a public record and affects your privacy.