A Durable Power of Attorney for Property is a written document giving authority to an individual (an agent) to handle your financial affairs.

This is a very powerful document and should be created with great care. It is also a very essential document for everyone over the age of 18. The importance of creating a Durable Power of Attorney for Property is to insure that if, for any reason, you are incapable of handling your own financial affairs due to accident, illness, or unavailability, the person you name (your agent) can step in and handle these matters for you.

The Power of Attorney for Property will allow your agent to deal with those assets which have your name on the title. A Durable power is one that will still be effective even if you are disabled or incompetent. This is important because it is at these times that the power is most needed.

A properly drafted Durable Power of Attorney for Property can avoid court proceedings called Guardianship in the event of your incompetence.

A durable power of attorney compliments a properly drafted Living Revocable Trust and is an essential part of a comprehensive Estate Plan.

How does a Durable Power of Attorney for Health Care work? A Durable Power of Attorney for Health Care is one of the two advance medical directives that are part of a comprehensive estate plan (the other is a Living Will).

By signing this document you entrust the agent named with the legal authority to make medical decisions for you if you are unable to do so. The person selected as agent is often a spouse or other family member. The Durable Power of Attorney for Health Care includes the right to make medical decisions, to withdraw life support, and to authorize the donation of vital organs.

If the principal (you) becomes incompetent, the Durable Power of Attorney for Health Care continues to be valid. All powers of attorney end automatically upon death. You may revoke this power of attorney at any time.


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