How to Create a Power of Attorney With Durable Provision
A power of attorney is a legal form that grants another person the ability to act on your behalf on matters that you describe in the power of attorney document. For instance, a financial power of attorney allows another individual to manage your financial affairs. A durable power of attorney means that you have appointed another person to act on your behalf even if you become incapacitated.
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Instructions
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Identify yourself by name and address at the top of the power of attorney document. Spell out your full name and identify any alternate names that you use or may have used, such as if you have a bank account opened under a different name.
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Name the individual you wish to appoint as your agent by name and address. If you wish to also appoint successor agents in the event the primary agent is unable to act on your behalf, name them as well. Specify that the individuals will be your attorneys-in-fact, which is a legal term that means you are giving them power of attorney. A person does not have to be an attorney to be granted power of attorney.
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Outline the authority you wish to grant to your agent. If you want your agent to have full authority, specify that "my agent shall have full power and authority to act on my behalf." If you wish to limit the scope of your agent's powers, outline what he will have the authority to do. Complete the list by clarifying that your agent shall have no powers above those identified in the power of attorney of attorney form.
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State the duration of the power of attorney. For a durable power of attorney, write that the power of attorney shall become effective immediately and shall last until your death.
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State that this is a durable power of attorney that shall not be affected by disability, lack of mental competence or incapacity. A line to this extent is sufficient to make your power of attorney durable.
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Sign your name and date the document at the bottom. Your state may have certain requirements for witnesses and notary signatures. In most cases, it will be sufficient to have the signatures of two witnesses, neither of whom can be any agents specified in the document, and a seal of a notary public.
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Retain a copy of the power of attorney form, and supply the original to your primary agent. If you have named any successor agents, supply copies to them as well.
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Tips & Warnings
There is no one correct way to create a power of attorney. There is also no specific form you must fill out. It is possible to create your own power of attorney document by writing a letter specifying your desires. Consult sample power of attorney document for assistance.
An error in a power of attorney form may result in granting too much power to an agent, granting too little power to an agent or rendering the document to be unenforceable. Unless you are confident that you can draft a legally appropriate power of attorney, enlist the aid of a lawyer.
