Durable Power of Attorney Form

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A durable power of attorney form is a state specific form used to give someone the ability to perform certain actions on behalf of another person. The person granting this ability is usually known as the principal. The person receiving the power is generally known as the agent or an attorney-in-fact. This may be a legally binding document that allows the agent to make certain decisions on behalf of the principal if they are unable to do so for any reason, including incapacitation.

Durable Power of Attorney Information

Alternate Names:

  • Enduring Power of Attorney
  • Lasting Power of Attorney

What is a Durable Power of Attorney?

A durable power of attorney is a legal document that delegates to someone you choose, the power to act on your behalf. It covers circumstances where a person delegating their power of attorney (the Principal) is preparing for potentially becoming incapacitated. Durable powers of attorney cover medical care and finances for the duration of incapacitation and inability of a person signing such an agreement to manage their own affairs alone.

Power of attorney means a specified person (Attorney-in-fact) is legally permitted to manage important matters for another named person. It allows this trusted person to continue acting on the principal's behalf if they become too ill to manage their affairs or unable to communicate. The agreed powers can cover: bill payments, investment management, or medical care. Without it, if unfortunate circumstances befall a person, their family or friends may need to go to court to obtain authority to handle their affairs.

Durable power of attorney can involve separate documents pertaining to different matters of concern to the principal, such as health care issues or finances.

This arrangement differs from 'ordinary', or 'nondurable', powers of attorney, which automatically cease should the person who makes this agreement lose their mental capacity.

Extent of The Durable Power of Attorney:

A Principal may appoint one single attorney, or more, to act as follows:

  • "jointly" i.e. all delegated decisions must be made together by appointed attorneys
  • "jointly and severally" i.e. Attorneys have to make some decisions together and others individually
  • "jointly" on some matters, and "jointly and severally" on others


The scope for durable powers of attorney can vary between state jurisdictions. Thus the Principal can only agree to the purposes delineated by state statutes in which they are to be used. Durable Power of Attorney may also involve the use of specific language as specified in the relevant state statute.

Limited powers of attorney are exactly as they are described, outlining restrictions on the attorney-in-fact's powers to act on behalf of the Principal. Specific powers will outline the circumstances in which they are entitled to act, such as signing a contract, when the principal may be unavailable.

The lawyer acting for the Principal and the Attorney-in-fact should keep a copy of the signed agreement for their records.

Frequently Asked Questions

  1. Is it possible for an Agent to steal my money and property?

    • Yes. A power of attorney can be abused. A principal's assets can be transferred to the Attorney or others. It is vital to appoint a highly recommended and trustworthy agent to act on your behalf. Look for professional credentials.

  2. How many copies of a Power of Attorney need to be signed?

    • You are only required to sign only a single copy. However, in some cases several original copies may be applicable, e.g. where banks and brokerage companies use their own forms. To ease administration for your attorney-in-fact, prepare two (or more) durable powers of attorney with your own form and forms provided by any relevant parties with whom you do business.

  3. After I sign a Power of Attorney, can I still make legal and financial decisions for myself?

    • Yes. Your named attorney-in-fact is only your representative. As long as you are capable, you can instruct them to only deal with specific matters.

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Sample Durable Power of Attorney


Sample Durable Power of Attorney

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