What Is a Durable Power of Attorney Form?
A durable power of attorney form grants an agent the permission to act on behalf of a principal. Durable power of attorney forms can be general or specific. When drafted generally, these forms can grant significant powers to an agent. Thus, in most states, the execution of a durable power of attorney form must be witnessed and notarized. When a power of attorney is not durable, it terminates on the death or incapacitation of the principal. When a power of attorney is durable, an agent is permitted to make decisions for an incapacitated principal.
Durable Power of Attorney: Finances
A durable power of attorney for finances grants an agent permission to manage specific financial matters for a principal. These forms can be tailored to suit the principal's wishes. For example, if a principal only wishes to grant an agent permission to pay particular bills, he can state that in the form. When drafted broadly, a durable power of attorney form might permit an agent to buy and sell real estate and to access a principal's checking and savings accounts. When an agent's powers are durable, he is permitted to handle whatever financial matters are described in the document, even after the principal becomes incapacitated.
Durable Power of Attorney: Health Care
A health care durable power of attorney grants an agent permission to make health care decisions for a principal during emergency circumstances and on the incapacitation of the principal. These forms can be drafted narrowly or broadly as well. For example, a health care durable power of attorney might only grant an agent permission to refuse a blood transfusion if the principal is opposed to such procedures due to religious affiliation. When drafted broadly, an agent might be permitted to make all end-of-life health care decisions such as whether to refuse a respirator or a feeding tube.
Other Considerations
To use a durable power of attorney for finances, an agent must present the document to a principal's bank and identify himself. Banks typically make notations so that the agent is allowed access without having to present the document every time the principal's account needs accessed. Principals are encouraged to give a copy of their durable power of attorney for health care to their primary care physician. A copy should be kept in a safe place in the principal's home, and the agent should have a copy as well.
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