Written by Benjamin Kingsley
Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.
Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.
A power of attorney is a legal document that allows you (the “principal”) to appoint someone else (the “agent” or “attorney-in-fact”) to act on your behalf for financial or other matters. The agent can be authorized to handle a wide range of tasks, such as managing bank accounts, paying bills, buying or selling real estate, filing taxes, and making investment decisions.
The term “durable” refers to a power of attorney that remains in effect even if the principal becomes incapacitated or unable to make decisions due to illness, injury, or mental incapacity. A durable power of attorney allows the agent to continue acting on the principal’s behalf during periods of incapacity, which can be important for managing the principal’s affairs and avoiding the need for a court-appointed guardianship or conservatorship.
Without the “durable” provision, a standard power of attorney would typically terminate if the principal becomes incapacitated. A durable power of attorney, on the other hand, remains valid until the principal’s death or until it is revoked by the principal while they still have legal capacity. This makes a durable power of attorney an essential estate planning tool for ensuring that someone you trust can manage your affairs if you become unable to do so yourself.
Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.
Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.