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A Power of Attorney is a legal document that comes in different forms. It
allows someone to appoint a person or organization to handle legal affairs
while you are unavailable or unable to do so.
Durable Power of Attorney
A "Durable" Power of Attorney is actually a general, special or health care
power of attorney that contains special durability provisions. If you become
mentally incompetent while you have a power of attorney document in effect, a
durability provision will allow the document to stay in effect. You can also
sign a durable power of attorney document to prepare for the possibility that
you may become mentally incompetent due to illness or an accident. In this
situation, you specify that the power of attorney would not go into effect
unless a doctor certifies that you are mentally incapacitated. You can specify
the name of the doctor and also require that a second doctor opinion and the
two must agree on your mental capacity. You do not have to choose a lawyer to
be your agent, but it is important to select someone you totally trust. The
relative, friend or business you choose to be your agent will be acting on your
behalf regarding financial or health care issues. You need to choose someone
who won't abuse the power you are granting them and look who will look out for
your best interests. Your attorney can discuss this with you and will also go
over other important items such as Successor Agent, Mental Capacity at the time
of signing and notarization of your signature.
REMEMBER:
The authority of a Durable Power of Attorney ends at the time of death. It is
not meant to provide a legal means for planning funeral or cremation
arrangements or distribution of assets after death occurs.
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