Durable Power of Attorney (POA Part V)
A power of attorney (POA) is a written authorization to act on another’s behalf in legal matters. The person creating a power of attorney is known as the “principal” and the person authorized to act is called the “agent.” A durable power of attorney is a specific type of agreement that remains in effect even in the event that the principal becomes incapacitated (e.g. through physical injury or mental illness).
Unlike a typical (non-durable) power of attorney, the agent retains authority to make decisions on behalf of the principal until the principal’s death, regardless of health or mental state.
As with all power of attorney documents, a durable power of attorney may be general or special/limited. A general durable power of attorney allows your agent to conduct all acts that may legally be done by you, while a limited durable power of attorney covers specific actions, such as making health care decisions or selling property. See the DYOW blog post General vs. Special POA for more information on this topic.
Also visit doyourownwill.com’s Power of Attorney page for additional information or to download the appropriate forms for granting a general or special POA.