A Durable Power of Attorney (DPOA) is a formal statement prepared by the person who intends to authorize another individual to handle various transactions in their name indefinitely - until the life of the principal is over or the document is revoked. If you trust your legal representative to handle legal, financial, and medical issues on your behalf irrespective of the life circumstances, you are permitted to compose a power of attorney that spells out the obligations of the agent whether they help you in your absence, during a hospital stay or trip, or just whenever there is a need to sign documentation that concerns your future.
Once the principal and their agent discuss how the latest will represent the interests of the person that issued a Durable Power of Attorney Form, they need to consider the possibility of the principal having issues and affairs that have to be handled in different states. Besides, the regulations regarding the essential elements of the agreement between the parties may vary from state to state. To make sure your authorization is legally binding, browse state-specific Durable Power of Attorney Forms below and customize the one appropriate for your location.
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While it is possible to avoid saying much in the text of the DPOA and simply confirm the other individual may act in your name in any transaction or represent you in court on any level, it will not harm either of you to be precise. Moreover, this will allow third parties to understand what level of authorization the agent has upon the first reading without the need to interpret every word. Typically, a document like this contains references to real and personal property transactions, financial operations, insurance and claims, estate maintenance, and taxes. One of the most common rights the agent gets is the permission to represent the principal making health care choices on the latter's behalf - the rights and obligations related to this matter must be comprehensive and unambiguous.
A regular power of attorney signed by an individual that requires representation for a finite period of time or a particular transaction expires on the date agreed upon by the parties. As a rule, this document does not have any legal force during the incapacitation of the principal after their injury or illness. On the contrary, the word "durable" is self-explanatory - no matter what happens to the principal, without a formal revocation of the authorization, this type of power of attorney remains valid until they are deceased.
If you decided to write a general Durable Power of Attorney Form, you may do it on your own without the help of a professional lawyer. Follow the steps below to confirm your document contains all the crucial details suitable for your situation:
Unlike many similar authorizations, all the provisions indicated in the Durable Power of Attorney end upon the passing of the principal. Unlike a Non-Durable Power of Attorney that is no longer enforceable if the person that signed it is incapacitated, there are no more limitations applied in this case. This is the reason why you need to consider all the advantages and disadvantages of drafting a document of this kind - for example, if the only duty of your agent is to find a tenant for your apartment and sign a lease with them, there is no necessity or obligation to compose a power of attorney that will only expire when the principal is deceased.
Whether the original text of the authorization contains a clause that describes how the parties should act when either of them or they both wish to put an end to the principal-agent relationship or there is a mutual understanding this matter should be decided in accordance with relevant laws, there are three main ways to cancel the DPOA:
Still looking for a particular form? Take a look at the related forms below: