What Is an Affidavit of a Durable Power of Attorney?

Affidavit for Durable Power of Attorney

Power of attorney is the written authorization by you, the principal, for someone else, the attorney-in-fact, to act on your behalf in business, financial, legal or health matters. Powers of attorney can be general or specific.

General Power of Attorney

When you want the attorney-in-fact to handle all activities within the scope of the matters in question, he is said to have general powers. For instance, if you run a real estate business, you can give your attorney-in-fact power to execute all transactions.

Specific Power of Attorney

You can limit the power of the attorney-in-fact by specifying the matters he can handle on your behalf. Using the real estate example, your power of attorney may restrict the attorney-in-fact to a specific property sale.

Durable Power of Attorney

Power of attorney ends when the principal becomes unable to grant the power due to physical or mental illness unless you specify that it remains even if you become incapacitated. It is called power of attorney with durable provisions or enduring power of attorney.

The Affidavit

The affidavit for durable power of attorney is signed by the attorney-in-fact when it is necessary to enact the power of attorney. He must sign it in front of a notary public and the original durable power of attorney should be provided to the circuit court in the principal's county of residence. Sample affidavits can be found on many legal websites.

References

• Legal Dictionary: Power of Attorney
• The Free Dictionary: Durable Power of Attorney