Durable Power of Attorney

Updated Mar 28, 2025 Comments (0) Downloads (1)
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A Durable Power of Attorney is a legal form that lets someone (the "principal") choose another person (the "agent") to make decisions for them, even if they can no longer make decisions themselves.

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Durable Power of Attorney

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:

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

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:

COMPENSATION AND REIMBURSEMENT

ACCOUNTING

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:

What is a Durable Power of Attorney? 

Unlike a standard power of attorney, a durable power of attorney remains in effect even if the principal becomes incapacitated or mentally incompetent, ensuring that the agent can continue to manage the principal's affairs without interruption. The durability feature distinguishes it from non-durable powers of attorney, which typically terminate upon the principal's incapacitation.

The scope of authority granted to the agent can vary, ranging from broad control over all financial and legal decisions to limited powers for specific tasks, depending on the terms outlined in the document. It's commonly used in estate planning to provide continuity of decision-making. It is governed by state-specific laws in the United States, requiring proper execution, such as notarization or witnessing, to be legally binding.

  • Ensures Continuity During Incapacity - Remains effective even if the principal becomes incapacitated, allowing the designated agent to manage financial, legal, or medical decisions seamlessly without court intervention.
  • Prevents Delays and Legal Complications - By appointing a trusted agent ahead of time, it avoids needing a court-appointed guardianship or conservatorship, which can be time-consuming, costly, and stressful for loved ones.
  • Provides Flexibility and Control - The principal can customize the document to grant specific powers tailored to their needs, ensuring their wishes are followed by someone they trust, even if they can no longer communicate or make decisions themselves.

FAQs

Yes, once the person who created the DPOA (called the principal) dies, the legal authority granted to the agent (also known as the attorney-in-fact) is no longer valid. After death, decisions about the deceased’s estate are typically handled by the executor named in their will or by a court-appointed administrator if there is no will.

By default, a durable power of attorney does not cover medical decisions unless specifically stated in the form.

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