Durable Power of Attorney

What is a Durable Power of Attorney?

A Durable Power of Attorney (DPOA) is a legal document that allows an individual (the "principal") to appoint another person (the "agent") to manage their affairs if they become unable to do so due to incapacity or disability. As a type of "power in attorney," the DPOA is distinguished by its durability, meaning it remains effective even if the principal becomes mentally incapacitated. The agent has the authority to handle financial, legal, medical, or any other matters on behalf of the principal under a durable power of attorney.

When Does One Need a DPOA?

There are several scenarios where a DPOA is essential:

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Planning for future incapacitation due to health issues or aging
Preparedness for unexpected circumstances such as accidents or sudden illness
Providing clarity and legal authority to a trusted individual to handle affairs during long-term travel or absence

Who Benefits from a Durable Power of Attorney?

The principal benefits from a DPOA by ensuring their affairs are handled according to their wishes even if they cannot communicate them. Family members and loved ones also benefit as they can avoid legal complications and disputes in case of the principal's incapacity.

Legal Protection Offered by a DPOA

A DPOA provides a legal framework that safeguards the principal's interests and rights by designating a trusted individual to act on their behalf. It also protects the agent by providing legal authorization to perform actions on behalf of the principal.

Examples of Durable Power of Attorney Use

An older adult might use a DPOA to ensure their adult child can manage finances and healthcare decisions if they develop Alzheimer's disease.
A business owner planning an extended overseas trip might use a DPOA to give a trusted manager authority to make decisions in their absence.

FAQs

No, a DPOA and a living will are different. A DPOA appoints an agent to manage your affairs, including financial and legal decisions, while a living will outlines your wishes for end-of-life medical care.

Yes, a DPOA can be revoked by the principal at any time as long as they are mentally competent. Usually, this requires a written notice of revocation to the agent and any institutions or parties that were provided with the original DPOA.

The main difference lies in their durability. A regular power of attorney becomes invalid if the principal becomes incapacitated, while a durable power of attorney remains in effect.

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This Durable Power of Attorney (hereinafter referred to as the "Agreement") is made and entered into on .

PARTIES

PRINCIPAL

Name:
Address:
Phone:
Email:

AGENT (ATTORNEY-IN-FACT)

Name:
Address:
Phone:
Email:

Add Successor Agent?

TYPE OF POWER OF ATTORNEY

This is a DURABLE Power of Attorney. This Power of Attorney shall not be affected by my subsequent disability, incapacity, or incompetence except as provided by law.

EFFECTIVE DATE

Effective Immediately

Effective Upon Specific Event

POWERS GRANTED

I, _______________, the Principal, grant my Agent the power and authority to act for me in the following matters. My Agent shall have the authority to make all decisions and take all actions regarding these matters:

Financial and Property Powers

Healthcare Powers

Personal Care Powers

Business Powers

Add Special Instructions?

Add limitations

Do not add limitations

COMPENSATION AND REIMBURSEMENT

No Compensation

Reasonable Compensation

Specific Compensation

ACCOUNTING

No Accounting Required

Annual Accounting

Accounting Upon Request

GOVERNING LAW

This Power of Attorney is governed by the state laws of .

ACCEPTANCE BY AGENT

By signing below, I acknowledge that I accept the appointment as Agent for the Principal. I understand my duties and responsibilities as Agent and agree to act in accordance with this document and applicable law.

SIGNATURES

Principal

I, _______________, the Principal, sign my name to this Power of Attorney this , and being first duly sworn, do declare to the undersigned authority that I sign and execute this instrument as my Power of Attorney, that I sign it willingly, that I execute it as my free and voluntary act for the purposes expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.

Principal Signature: ______________________________
Print Name: _______________

Agent

I, _______________, have read the foregoing Power of Attorney and am the person identified as the Agent. I hereby acknowledge that I accept the appointment as Agent for the Principal.

Agent Signature: ______________________________
Print Name: _______________
Date:

Include Witness Signatures?

Include Notary Acknowledgment?