Home > Attorneys > Durable Power Of Attorney

Durable Power Of Attorney

A durable power of attorney is a powerful estate planning tool. Many people wonder what would happen if they become incapacitated or otherwise unable to manage their affairs. While you can give someone power of attorney to manage your assets and make certain decisions on your behalf, most powers of attorney automatically expire if the principal becomes disabled or incapacitated. However, if a power of attorney is specifically made “durable” it will remain in effect even if the principal becomes incapacitated. Without a durable power of attorney, if the principal becomes incapacitated then the person acting on the principal’s behalf normally needs to petition the court to establish a conservatorship or guardianship in order to have the legal power to manage the person’s affairs. These court procedures can be quite costly and lengthy.

A durable power of attorney can be put in place for general or specific items. Common areas for durable powers of attorney include managing finances and making health care decisions. Often, these mechanisms are referred to as Health Care Powers of Attorney or Financial Powers of Attorney.

Durable Power Of Attorney By State

Click here to view State Links

Frequently Asked Questions

What Is A Durable Power Of Attorney For Health Care?
The durable power of attorney for health care is a document that allows you to name another person to make certain medical decisions for you if you are unable to make them for yourself. This is a … more
Must I Have A Durable Power Of Attorney For Health Care?
No. You have this option, but no one can require you to have a durable power of attorney. You can make your wishes known by talking with your family or doctor or by writing them down, but unless … more
What Is A Health Care Agent?
A health care agent is a person whom you authorize in writing to convey your wishes concerning whether you wish to withhold or withdraw life support systems. The agent does not become involved in … more

Legal Articles

Financial Power of Attorney
What will happen to your personal finances if you become sick or injured and you are unable to manage your own financial affairs? How will your bills be paid on time so that your credit score remains solid and your home doesn’t go into foreclosure? How will your checks be deposited and your investments managed? If you are incapacitated and you lack a durable power of … more
How to Decide if You Need a Trust and Estates Attorney
Do it yourself wills and estate planning documents are available on the internet and in your local office supply store. However, before you decide to purchase these resources it is important that you understand whether your interests would be better served by hiring an attorney to draft the documents for you. Factors to Consider Before you make the decision about whether or not to … more

Find a Prequalified Attorney

Durable Power Of Attorney