Durable Power Of Attorney

In general, a power of attorney is a document that gibes another person, not necessarily an attorney, the right to handle someone else's affairs. The power of attorney has a principal, who is the person being acted for, and an agent, who has been given the power to act. A power of attorney is generally related to a person's financial matters. With a power of attorney, that other person (the agent) is legally allowed to make decisions on behalf of the principal, including signing documents. However, the decisions of the principal override those of an agent, so the power of the agent really only comes into play when injury, illness, or disability has taken place. A durable power of attorney is one that follows each of these guidelines but continues into incapacitation. Therefore, in the even of incapacitation, the holder of the power of attorney can be in power of the principal's financial and property decision until they die or the power of attorney is revoked in another way.

Fast Facts

  • another type of power of attorney, unrelated to this, is a medical power of attorney

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