- Before preparing a power of attorney, consider whether the agent will receive general or limited authority, which specifies the agent's parameters. Will the agent only have access to finances or will medical care decisions also be made? Will the authority be effective immediately? To find out about applicable rules regarding a power of attorney, research your state's probate code or regulations. For example, the Texas Probate Code establishes general provisions and explains the Durable Power of Attorney Act.
- A lawyer specializing in trust and estate law should have experience in preparing a valid power of attorney. Contact your local or state attorney association for referrals to licensed lawyers. Free assistance may be available to help create a power of attorney, either through a nonprofit such as Legal Aid or a legal clinic. In Idaho, for example, seniors and indigent individuals can receive assistance in completing a "Durable Power of Attorney for Financial Affairs" through the Idaho Legal Aid Services, Inc. program.
- A durable power of attorney typically does not expire unless the principals dies or revokes the authority. In some states, a power of attorney may expire after a period of time, which allows you to re-evaluate your needs. When necessary, a court might need to designate a person to act on your behalf if you do not have a legal power of attorney in place. Sometimes, the court may assign a unrelated person to act as a guardian or conservator.
