You can make any power of attorney durable by explicitly stating in the POA document that the agent’s power continues past the principal’s incapacitation. It can be a family member, attorney, or close friend. You can choose any adult to be your agent-as long as you trust they have your best interest at heart. With a durable power of attorney (DPOA), the agent can continue to make decisions for you even if you become mentally incapacitated, for example, if you develop dementia.Ī standard (non-durable) power of attorney ends if the principal becomes mentally incompetent. The person receiving the power to make decisions is the agent or attorney-in-fact. The person granting the power is called the principal. When does a durable power of attorney expire?Ī power of attorney (POA) is an important estate planning document you can use to allow someone else to make financial, legal, or medical decisions for you.What kinds of decisions can my agent make?.Durable Power of Attorney for Health Care.How to Make a Power of Attorney Durable.Rules and requirements for the Durable Power of Attorney vary from state to state.It covers medical and financial decisions and does not expire if the principal is mentally incompetent.A Durable Power of Attorney is one of the most essential estate planning documents. This could happen if a party petitions the court on your behalf, alleging the attorney-in-fact has violated their responsibilities. If a power of attorney is durable, and you become incompetent, only the court can revoke it during the time you are incompetent. It is a good idea to give notice to any banks, brokerages, or other places where the attorney-in-fact conducted normal business on your behalf. You should also file a copy of the letter with the court revoking the power of attorney. You can revoke a power of attorney by giving written notice to the attorney-in-fact.
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