Written by Benjamin Kingsley
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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 durable power of attorney (DPOA) is a legal document that grants an individual, known as the agent or attorney-in-fact, the authority to act on behalf of another person, referred to as the principal. Unlike a standard power of attorney, a durable power of attorney remains in effect even if the principal becomes incapacitated or unable to make decisions for themselves.
The key feature of a durable power of attorney is its ability to withstand the principal’s incapacity. This durability is typically established through specific language in the document, such as “This power of attorney shall not be affected by subsequent disability or incapacity of the principal.” This provision ensures that the agent can continue to manage the principal’s affairs even if the principal becomes mentally or physically unable to do so.
A durable power of attorney can be broad in scope, granting the agent authority over various aspects of the principal’s life, or it can be limited to specific tasks or decisions. Common areas covered by a DPOA include financial matters, healthcare decisions, and property management. It is important to note that a durable power of attorney for healthcare, also known as a healthcare proxy, is often created as a separate document from a financial DPOA.
The principal can revoke a durable power of attorney at any time, provided they are mentally competent. It is crucial for the principal to choose a trustworthy and responsible agent, as this person will have significant control over the principal’s affairs. Additionally, the principal should regularly review and update their DPOA to ensure it continues to reflect their wishes and circumstances.
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.