How Do You Create A Valid Durable Power of Attorney? Free Advice From The Experts

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Durable Power of Attorney Forms Brought to You

A Power of Attorney specifically “Needs” to state that it’s “Durable.” Otherwise after a person becomes unable to speak for themselves it is no longer valid.

Most of the Power of Attorney documents that are signed are Durable. This doesn’t mean that is the only way they come but it is the most common and normally the best route to go with this form. In some situations you can also choose a Non Durable Power of Attorney.

A durable power of attorney is a power of attorney that can’t change unless the document is revoked, or the individual who signs over their power dies. It allows someone else, called an agent, to make financial and legal decisions on behalf of another person, called the principal.

The Choice is in Your Hands

Your circumstances will dictate the Power of Attorney document that you need. Ultimately it is your decision. You want to make sure you make the right choice that meets all your needs. There are many situations that can occur in the real world and you will want to understand your options well. 

Pre-Filled Out Forms

Let us take care of the details. We can provide you with a pre-filled out form in many situations, so you only need to sign and initial. There are organizations that won’t except a power of attorney with a correction on it. It’s not worth the risk when filing important documents.


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Durable Power of Attorney Notary

Whether you are an attorney or a non-attorney, you can use a durable power of attorney to ensure that you can do things you would normally be unable to do yourself. This can include the signing of a loan, paying bills, or making a purchase. It can also protect you from lawsuits.

A durable power of attorney is a type of legal document that gives someone else the authority to make important decisions if you are incapacitated. It can let someone take care of your financial or legal affairs if you become unable to do so yourself.

You should make sure that your durable power of attorney is durable, meaning that it stays active even if you become mentally incompetent (as opposed to a limited POA, which ends when you lose mental capacity). There are multiple types of these documents depending on what kind of things you want your agent to handle, such as financial affairs or health care decisions.

You also will have the option that allows you to name someone to have control over certain decisions in your life. Besides giving someone authority to make major decisions for you when you can’t (or if you don’t want to), it also allows you to choose what kind of property decisions they can make for you. For example, if you have a house that you want someone else to sell for you when you pass away, a durable power of attorney will allow them the special power to do so. This helps ensure your wishes are carried out after you’re gone.

When you’re in charge of a loved one’s financial and legal matters, it’s important to make sure that you have documents in place that allow you to do so. A durable power of attorney is one document that gives you control over your loved one’s finances while they are still able to make decisions on their own.

While this document allows you to access their bank accounts, it doesn’t give these powers as far as their medical care goes. In order for someone to make medical decisions about your care, they will need something called a health care proxy. This document allows you to designate someone as your healthcare power and gives them authority over your medical decisions in case you’re unable to make them yourself.”

If you’re like most people, you’ve never given much thought to what would happen to your finances and property if you were incapacitated. What if you became unable to make decisions for yourself? In that case, a power of attorney (POA) can help ensure that your wishes are carried out—and that someone trustworthy is tasked with them. A POA is a legal document that allows someone else (known as an “agent”) to make decisions in your place. But how do you create a valid POA? If you need some guidance on this important topic, read on!

Durable Power of Attorney Basics

A power of attorney is a legal document that allows one person to make decisions on behalf of another. The person who uses a power of attorney, known as the principal, can be incapacitated in some way—either mentally or physically—or may simply want someone else to handle their affairs.

A power of attorney is not considered valid until it has been signed by two witnesses and notarized. Once it’s valid, it can last for an indefinite amount of time until a specific event occurs (such as death), at which point it becomes void automatically. If you want your power of attorney to expire after a specific timeframe, you should create an “enduring” POA instead; this type cannot be revoked once named without explicit permission from your physician or a court order stating otherwise.

Types Of Powers Of Attorney

There are three types: general durable powers, special durable powers, and springing durable powers

. General durable powers of attorney are the most common type. They allow you to name someone as your agent and give them power over all aspects of your life.

Special durable powers of attorney are similar but allow you to specify exactly what decisions your agent can make on your behalf. Springing durable powers of attorney also give someone power over you, but they only become effective once you’re incapacitated.

To make a POA, you must be at least 18 years old and mentally competent. You don’t have to be in the same state as your agent when creating this document, but both parties must be present for it to be valid.

What Is a Power of Attorney (POA)?

A power of attorney is a legal document that gives someone else the power to decide for you. The word “durable” means that it continues to be in effect even after you no longer have the mental capacity to make your own decisions.

A durable power of attorney for health care lets you name someone who can make health care decisions for you if you cannot do so yourself (for example, because of illness or injury). A durable POA can also be used when the person making decisions has a mental disorder that makes him or her incapable of making sound judgments about his or her own welfare and needs.

Who Can Be Granted POA?

It might be a good idea to consult an attorney before creating your own Durable Power of Attorney. However, if you are sure that you can do it on your own and would like to give it a try, here is what you need to know:

  • Anyone over 18 can grant a POA, but they must be mentally competent when they create their Durable Power of Attorney. This means they must understand exactly what they’re signing and why they want this person or people acting as their agent(s). They also can’t be under any sort of influence like alcohol or drugs when signing this document. If you have doubts about whether your loved one understands these things, consult an attorney before writing up their Durable Power of Attorney.

  • The person who grants a POA does not have control over who receives it; their signature on paper allows someone else to act on their behalf should anything happen (such as falling into a coma). You can appoint anyone from family members down through friends and acquaintances based solely on trustworthiness rather than relatedness alone — which makes sense since we hope our loved ones will always look out for our best interests even after death! But keep in mind… It may also be wise (and fun!) Assign multiple people at once, so everyone has someone backing them up when needed most!”

Durable Power of Attorney for Health Care

A durable power of attorney for health care allows the agent to make medical decisions for the principal. A durable power of attorney can be created at any time and should be updated if you change your health status or move to a different state.

The agent must be 18 years old, mentally capable of making medical decisions, and knowledgable about your wishes regarding health care. You can choose only one person as your agent; however, you may choose another person who will serve as an alternate if your first choice cannot act upon his/her duties due to illness or other reasons.

Durable General Power of Attorney

The answer is simple. A durable power of attorney is a legal document that allows someone else to act on your behalf in all matters related to your finances and property, even if you become incapacitated.

A general power of attorney is a legal document that gives someone else the authority to make financial decisions for you, such as paying bills and managing investments. While both types of powers are essentially the same thing in practice, there are some notable differences between them that may affect how they’re used:

  • General powers allow one person complete control over all aspects of an individual’s financial affairs while they can still make their own decisions. These documents expire once their owner goes into a coma or becomes mentally incompetent (though some states require additional documentation). They also can be revoked at any time by simply signing another one if something happens that makes this necessary—like moving overseas or getting married again after divorcing someone who had been granted access under their initial agreement).

  • Durable powers don’t specify when they’ll end; instead, they remain valid indefinitely until either party chooses otherwise (by signing another document). They also can’t be revoked unless certain conditions apply: namely, when asked by attorneys working closely with doctors who determine whether someone has deteriorated significantly enough not only physically but mentally so as well–and even then, it would take two separate requests from each side before anything could happen legally.”

Creating a Valid POA

To create a valid durable power of attorney, you must be specific and clear about what you want the attorney to do. You should also make sure that it is notarized. It’s vital that both you and the attorney sign in front of a witness before having it notarized. Make sure you keep copies for yourself so that they are safe if anything happens while they have someone else (like your POA).

When Does a POA Become Effective?

A POA becomes effective when the person granting power of attorney is legally competent and not physically incapacitated.

To be legally competent, you must understand what a POA is, know the consequences of creating one, and be able to execute (sign) it. If you’re incapable of doing any of those things, then you won’t be able to grant someone else power of attorney over your affairs.

What does “not physically incapacitated mean? It means that no medical issues are preventing you from executing or revoking your POA in the future. If there were such an issue—for example, if you had suffered a stroke that limited your ability to write or speak clearly—then having a valid POA would be impossible because it would require communicating with someone else who was able to write down instructions for themself and others acting under their authority on behalf of whoever had granted them these powers back when they were healthy enough not only do so but also understand just how important these kinds of arrangements are for everyone involved! This can happen often enough that if we’re talking about healthcare planning (which might affect everyone regardless), it’s worth asking: Do I even need this documentation?

A power of attorney is a legal document that gives someone else the power to decide for you.

A power of attorney is a legal document that gives someone else the power to decide for you. It can be used to make financial and medical decisions on your behalf.

These documents are generally created when an individual feels they will not be able to make their own financial or medical decisions later. This could include being in a coma or suffering from Alzheimer’s disease.

Now that we’ve gone over the basics of how to create a durable power of attorney, you should be well on your way to understanding how this legal document can help you. If you want more information about the process or think creating a POA is suitable for your situation, please contact us at our office, and we will be happy to talk with you further! We look forward to hearing from you soon!