What does durable power of attorney mean?

Durable means the authority can continue after the principal becomes incapacitated, subject to state law and the document. A non-durable power may end at incapacity.

General information

• Durable does not mean permanent after death.
• The document may begin immediately or after a stated event.
• Institutions may require proof that the power is active.

Service steps to consider

1. Reviewing the durability and start-date language.
2. Considering whether to tell the agent how incapacity would be shown.
3. Get legal advice if delayed authority could create a gap.

Quick check

• Do I trust this agent with money?
• Are the listed powers clear?
• Can the agent find the signed form?

How Complete Wills can help

Complete Wills includes a financial power of attorney in its will-based and trust-based packages. The questionnaire can prepare the document from the customer's selections. Customer support cannot decide which powers to grant, when authority begins, or who serves as agent. Customer support can explain website features and questionnaire fields, but it cannot choose documents, people, distributions, or legal terms, interpret a completed document, or explain how the law applies to a person's facts. Only a separately engaged licensed attorney may provide legal advice within the attorney's engagement.

Important limits

• Power-of-attorney law and form rules vary by state.
• A licensed attorney can provide advice about gifting powers, business authority, Medicaid planning, real-estate transfers, or concerns about abuse. This article gives general information only. A licensed attorney can explain how state law applies to a specific estate plan or document.