Legal Forms: Durable Power of Attorney

Powers of attorney allow people to appoint someone else to make decisions for them. While states law vary on how these documents can be written, there are commonalities that exist between all states when it comes to granting power of attorney.

Requirements

Powers of can generally only be conveyed through a written instrument. These documents must comply with state laws concerning powers of attorney forms. Depending on the state, the forms may have to state specific language and include provisions such as the signing of two witnesses and notarization.

Parties

Durable power of attorney forms must state the parties involved. The principal, the person granting the power, should detail what decision making ability he is granting to the agent, the person receiving the powers. Generally, principals can chose any agent as long as both are of the legal age and of sound mind.

Limitations

Durable powers of attorney are typically divided into two categories: financial and health care. An agent granted durable power of attorney for finances can make decisions about the principal's finances, for example, but not health care decisions. If another agent is granted power of attorney for health care, that agent can make such decisions, but not financial ones.

Use

Durable powers of attorney are typically used in end of life situations, or in preparation for them. Durable powers of attorney, as opposed to non-durable power of attorney, continue even if the principal becomes unable to make decisions. This means the agent can take care of the principal's affairs when the principal becomes ill or dies.

Language

Durable power of attorney must normally be granted through an explicit statement made in the document. Because powers of attorney are generally not durable, the durability must be clearly stated. However, some state laws, like New York's, presume all powers of attorney are durable. In these states, any power of attorney not intended to be durable must have language stating they are not durable.

References

• Cornell University Law School: Power of Attorney
• Expert Law: Durable Power of Attorney Form