Family Health Legal Library

Durable Power of Attorney

A Broader Prevention Method

Generally a Power of Attorney gives a person the right in some capacity to act on your behalf in your affairs. A person with sound mind and no mental incapacity can give another person the authority to act for them. This power to act can be specific or general in nature. That is, you can give a person the power to sign your name to a loan document if you are out-of-state for example. This is a specific power.

Or, you can give a person the power to act and sign all of your legal matters, including checks, bills, contracts, statements, loans, mortgages, guarantees and other items. Obviously, one should be extremely careful about giving anyone the General Power of Attorney, since it is very broad and you will be liable for all matters entered into by your agent.

A Durable Power of Attorney is much like a Power of Attorney but with one critical difference: The Durable Power of Attorney remains valid even if you are incapacitated or rendered mentally incompetent or unable to handle your affairs. In fact, this is the specific purpose for a Durable Power of Attorney. This legal document enables you to plan for an emergency which you may not fully expect or anticipate.

Durable Power of Attorney
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