Durable Power of Attorney

A durable power of attorney remains effective even when you are incapacitated. In order for a Power of Attorney to be deemed durable, however, it must clearly document your desire that it remains in effect (or becomes effective) in the event of you becoming incapacitated. Unlike a "Nondurable Power of Attorney" which ends as soon as you become "incompetent" or "incapacitated," a durable power of attorney does not termiate in such an event.

A power of attorney is an instrument (a legally binding document) that allows an individual, a partnership, or a corporation to authorize a specific individual to act as its agent or attorney in fact for certain matters.

Your durable power of attorney allows you to name the person that you would like to be your guardian (or an agent) if you become legally incompetent. In order to make sure your durable power of attorney remains valid in the event you become incapacitated, it is better that you register it in the office of the register of deeds. In most states, your durable power of attorney may be registered even after you have become incapacitated.

If you become incapacitated or mentally incompetent your agent (your attorney in fact) is required to fully and accurately record any and all actions -unless you have already specifed otherwise -that (s)he takes on your behalf. Additionally, your agent is also required to file with the clerk of the court (unless you have already exempted him/her from this requirement by specifying otherwise) detailed documentation of inventories of your assets and a statement of accounts.

A durable power of attorney may be terminated in several ways. Your power of attorney automatically terminates in the event your agent dies or resigns and you have not specified an alternate person to become your new/substitute agent. Even if your durable power of attorney was not duly registered, it will be terminated upon your death. Additionally, it may be terminated in accordance with any termination clauses that you may have specified in your power of attorney, or by you simply tearing off your durable power of attorney while you are competent. You may also revoke it by preparing a written document, signing it, getting it notarized and then having it sent to your agent by either a certified mail or a registered mail service. If your durable power of attorney has already been registered, similarly, it will also get (automatically) terminated upon your death. Furthermore, you may also terminate your durable power of attorney by preparing a written (signed/notorized) document, and then filing the said written revocation document in the register of deeds office where your durable power of attorney was originally filed.

We are working on further augmenting this document with links to Durable Power of Attroney Lawyers, Durable Power of Attorney law related legal professionals, and law firms specializing in Durable Power of Attorney related matters. You are, of course, welcome to suggest we add an URL link to your favorite Power of Attorney Lawer's website!

Power of Attroney related documents available at this website include: General Power of Attroney, Medical Power of Attorney, Durable Power of Attorney, Springing Power of Attorney , Limited Power of Attorney, and Power of Attorney Forms.

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