[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"page-\u002Fcategories\u002Fpersonal-affairs\u002Fdurable-power-of-attorney":3},{"type":4,"data":5},"product",{"product_name":6,"slug":7,"category_slug":8,"order_type":9,"product_version_slug":10,"preview":11,"is_previewable":12,"related_products":13,"related_articles":39,"breadcrumbs":72,"productName":6,"productDescription":-1,"productVersionSlug":10,"localeId":-1,"landerSlug":7,"categorySlug":8,"_cmsSource":78,"hero":79,"quickLinks":104,"page_body":105,"meta_information":265,"sidebar_ad":270,"disclaimer":82,"stateSlug":81},"Durable Power of Attorney","durable-power-of-attorney","personal-affairs","Document","dpoa-3403","  <center><p class='title center'><strong>POWER OF ATTORNEY<\u002Fstrong><\u002Fp><\u002Fcenter><br \u002F><br \u002F>  <p>This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Alabama Uniform Power of Attorney Act, Chapter 1A, Title 26, Code of Alabama 1975.<\u002Fp>  <p>This power of attorney does not authorize the agent to make health care decisions for you. Such powers are governed by other applicable law.<\u002Fp>  <p>You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney, or the agent resigns or is unable to act for you.<\u002Fp>  <p>Your agent is entitled to reimbursement of reasonable expenses and reasonable compensation unless you state otherwise.<\u002Fp>  <p>If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.<\u002Fp>  <p>This power of attorney becomes effective immediately unless you state otherwise.<\u002Fp>  <p>If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.<\u002Fp>      <ol>        <li>          <strong>APPOINTMENT OF MY AGENT.<\u002Fstrong> I, <span style='background: #BBBBBB;'>_____________<\u002Fspan> (hereinafter referred to as "<strong>Principal<\u002Fstrong>"), hereby execute this Power of Attorney appointing the following named individual as my "<strong>Agent<\u002Fstrong>" (also known as Attorney-in-Fact):          <br \u002F>          <br \u002F>          Name: <span style='background: #BBBBBB;'>_____________<\u002Fspan>          <br \u002F>          Address: <span style='background: #BBBBBB;'>_____________<\u002Fspan>          <br \u002F>          <span style='background: #BBBBBB;'>_____________<\u002Fspan>, <span style='background: #BBBBBB;'>_____________<\u002Fspan> <span style='background: #BBBBBB;'>_____________<\u002Fspan>          <br \u002F>          Phone Number: <span style='background: #BBBBBB;'>_____________<\u002Fspan>        <\u002Fli>        <li><strong>EFFECTIVENESS.<\u002Fstrong> <\u002Fli>        <li><strong>AGENT AS FIDUCIARY.<\u002Fstrong> I give my Agent the powers specified in this Power of Attorney with the understanding that they will be exercised for my benefit, on my behalf, and solely in a fiduciary capacity.<\u002Fli>                          <li><strong>GENERAL AUTHORITY TO ACT.<\u002Fstrong> Except where specifically limited herein, I hereby grant my Agent, including any Successors or Coagents, the general authority to act on my behalf in the following subjects: <strong>(INITIAL ALL POWERS THAT APPLY)<\u002Fstrong><\u002Fli>          <ol class="lower-alpha">                                                                                                                                                                                  <\u002Fol>          <li><strong>SPECIFIC ACTS AUTHORIZED.<\u002Fstrong> In addition to the general powers authorized above, I specifically authorize my Agent to perform the following acts: <strong>(INITIAL ALL POWERS THAT APPLY)<\u002Fstrong><\u002Fli>          <ol class="lower-alpha">                                                <li>____ <strong>After-Acquired Property.<\u002Fstrong> The powers granted to my Agent in this instrument are exercisable equally with respect to interests in property I own when this instrument is executed and after-acquired property interests, wherever the property is located, and whether or not the powers are exercised or the Power of Attorney is executed in the same state.<\u002Fli>                          <li>____ Create or amend designations of rights of survivorship<\u002Fli>              <li>____ Create or amend designations of Beneficiaries<\u002Fli>              <li>____ Delegate or otherwise authorize another person to exercise the powers delegated to the Agent under this instrument<\u002Fli>              <li>____ Waive Principal's right to be a Beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan<\u002Fli>              <li>____ Exercise fiduciary powers validly delegated by Principal<\u002Fli>              <li>____ Disclaim, refuse, or release an interest in property or a power of appointment<\u002Fli>                        <li>____ <strong>Gifts to Agent.<\u002Fstrong> Notwithstanding any other provision in this Power of Attorney, my Agent may make gifts in amounts not to exceed the annual federal gift tax exclusion to him or herself but only if my Agent is in need of funds to meet the reasonable expenses of the following: support in accordance with my Agent's accustomed manner of living; medical, dental, hospital, and nursing services, and other costs relating to the health care of my Agent; and my Agent's education.<\u002Fli>            <li>____ <strong>Nominating a Conservator.<\u002Fstrong> If proceedings are initiated for the appointment of a Conservator of my person or my estate or both, I authorize my Agent to nominate whomever he or she believes is appropriate as Conservator of my person or my estate or both, including appointing him or herself. I authorize my Agent to waive the requirement of a bond for any person appointed, if he or she believes a waiver is appropriate.<\u002Fli>            <li>____ <strong>Restrictions on Property Management Powers.<\u002Fstrong> Notwithstanding any other provision in this instrument, my Agent does not have any of the following powers related to property management: to use my property to discharge the legal obligations of my Agent, including but not limited to the support of the dependents of my Agent, except for those dependents to whom I also, along with my Agent, owe a duty of support; to exercise any incident of ownership over any insurance policy that I own and that insures the life of my Agent; or to exercise powers of a trustee under an irrevocable trust of which my Agent is the settler and of which I am a trustee.<\u002Fli>            <li>____ <strong>Beneficial Use.<\u002Fstrong> If my Agent is not my ancestor, descendant, or spouse, my Agent MAY use my property to Agent's own benefit and\u002For for supporting someone to whom the Agent owes a support obligation.<\u002Fli>                      <\u002Fol>                              <li><strong>AMPLIFYING POWERS<\u002Fstrong><\u002Fli>      <ol class="lower-alpha">        <li><strong>Compensation<\u002Fstrong><\u002Fli>        <ol>          <li>My Agent will be entitled to reasonable compensation for services rendered as Agent under this Power of Attorney. Factors that should be considered in determining the amount of compensation are as follows:<\u002Fli>          <ol>            <li>The time expended by my Agent<\u002Fli>            <li>The value of the property over which my Agent exercises control and management<\u002Fli>            <li>The complexity of the transactions entered into by my Agent<\u002Fli>          <\u002Fol>          <li>My Agent may pay the compensation from my assets once each week, and must keep records of the services performed, the time spent in performing them, and the date and amount of each payment.<\u002Fli>        <\u002Fol>        <li><strong>Reimbursement for Costs and Expenses.<\u002Fstrong> My Agent will be entitled to reimbursement from my property for expenditures properly made in performing the services conferred by me in this instrument. My Agent must keep records of any such expenditures and reimbursements.<\u002Fli>        <li><strong>Reliance by Third Parties.<\u002Fstrong> To induce third parties to rely on the provisions of this instrument, I, for myself and on behalf of my heirs, successors, and assigns, hereby waive any privilege that may attach to information requested by my Agent in the exercise of any of the powers described in this instrument. Moreover, on behalf of my heirs, successors, and assigns, I hereby agree to hold harmless any third party who acts in reliance on this power for damages or liability incurred as a result of that reliance.<\u002Fli>        <li><strong>Ratification.<\u002Fstrong> I ratify and confirm all that my Agent does or causes to be done under the authority granted in this instrument. All contracts, promissory notes, checks, or other bills of exchange, drafts, other obligations, stock powers, instruments, and other documents signed, endorsed, drawn, accepted, made, executed, or delivered by my Agent will bind me, my estate, my heirs, successors, and assigns.<\u002Fli>        <li><strong>Exculpation of Agent.<\u002Fstrong> My Agent will not be liable to me or any of my successors in interest for any action taken or not taken in good faith, but will be liable for any willful misconduct or gross negligence.<\u002Fli>        <li><strong>Revocation and Amendment.<\u002Fstrong> I retain the right to revoke or amend this Power of Attorney and to substitute other agents in place of my Agent. Amendments to this Power of Attorney must be made in writing by me personally. They must be attached to the original of this document and, if the original is recorded, must be recorded in the same county or counties as the original, although failure to record any amendment will not alter its affect.<\u002Fli>                  <li><strong>Limitations on Agent's Authority.<\u002Fstrong> An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority. Except for any special instructions given herein to the agent to make gifts, the following shall apply:<\u002Fli>          <ol class="lower-roman">            <li>Any power or authority granted to my Agent herein shall be limited so as to prevent this Power of Attorney from causing any Agent to be taxed on my income or from causing my assets to be subject to a “general power of appointment” by my Agent as defined in 26 U.S.C. § 2041 and 26 U.S.C. § 2514 of the Internal Revenue Code of 1986, as amended; and<\u002Fli>            <li>My Agent shall have no power or authority whatsoever with respect to any policy of insurance owned by me on the life of my Agent, or any trust created by my Agent as to which I am a trustee.<\u002Fli>          <\u002Fol>              <\u002Fol>            <li><strong>GENERAL PROVISIONS<\u002Fstrong><\u002Fli>      <ol class="lower-alpha">        <li><strong>Signature of Agent<\u002Fstrong>. My Agent must use the following form when signing on my behalf pursuant to this Power of Attorney: "[Principal] by [Agent], his or her Agent."<\u002Fli>        <li><strong>Severability.<\u002Fstrong> If any of the provisions of this instrument are found to be invalid for any reason, that invalidity will not affect any of the other provisions of this power, and all invalid provisions will be wholly disregarded.<\u002Fli>        <li><strong>Governing Law.<\u002Fstrong> This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of <span style='background: #BBBBBB;'>_____________<\u002Fspan>, without regard to its conflict of laws rules.<\u002Fli>        <li><strong>Reliance on This Power of Attorney.<\u002Fstrong> Any person, including my Agent, may act in reliance upon the validity of this Power of Attorney or a copy of it unless that person knows it has terminated or is no longer valid.<\u002Fli>      <\u002Fol>      <li><strong>SPECIAL INSTRUCTIONS (OPTIONAL)<\u002Fstrong>        <br>        <br>        You may give any special instructions on the following lines:<\u002Fli>      <ol>        <li>___________________________________________________________________________________________________________<\u002Fli>        <li>___________________________________________________________________________________________________________<\u002Fli>        <li>___________________________________________________________________________________________________________<\u002Fli>        <li>___________________________________________________________________________________________________________<\u002Fli>      <\u002Fol>    <\u002Fol>          <p><strong>This Power of Attorney is executed by me on _____________, in <span style='background: #BBBBBB;'>_____________<\u002Fspan>.<\u002Fstrong><\u002Fp>      <p>Name: <span style='background: #BBBBBB;'>_____________<\u002Fspan><\u002Fp>      <p>Signature: _________________________________<\u002Fp>      <p>SSN or TIN: ____________________________<\u002Fp>      <p>Address: <span style='background: #BBBBBB;'>_____________<\u002Fspan>        <br \u002F>        <span style='background: #BBBBBB;'>_____________<\u002Fspan>, <span style='background: #BBBBBB;'>_____________<\u002Fspan> <span style='background: #BBBBBB;'>_____________<\u002Fspan><\u002Fp>      <p>Phone Number: <span style='background: #BBBBBB;'>_____________<\u002Fspan><\u002Fp>        <div class='-page-break'><\u002Fdiv>    <center><p class='title center'><strong>NOTICE TO PERSON ACCEPTING THE APPOINTMENT AS ATTORNEY-IN-FACT<\u002Fstrong><\u002Fp><\u002Fcenter><br \u002F><br \u002F>              <p>IMPORTANT INFORMATION FOR THE AGENT:<\u002Fp>          <p>You may not transfer Principal's property to yourself without full and adequate consideration or accept a gift of Principal's property unless this Power of Attorney specifically authorizes you to transfer property to yourself or accept a gift of Principal's property. If you transfer Principal's property to yourself without specific authorization in the Power of Attorney, you may be prosecuted for fraud and\u002For embezzlement. If Principal is 65 years of age or older at the time that the property is transferred to you without authority, you may also be prosecuted for elder abuse. In addition to criminal prosecution, you may also be sued in civil court.<\u002Fp>          <p>You must stop acting on behalf of Principal if you learn of any event that terminates this Power of Attorney or your authority under this Power of Attorney; for example, the death of Principal; Principal's revocation of this Power of Attorney or your authority; or, if you are married to Principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this Power of Attorney state that such an action will not terminate your authority.<\u002Fp>          <p><strong>If there is anything about this document or your duties that you do not understand, you should seek legal advice.<\u002Fstrong><\u002Fp>          <p>I have read the foregoing notice, and I understand the legal and fiduciary duties that I assume by acting or agreeing to act as Agent (Attorney-in-Fact) under the terms of this Power of Attorney.<\u002Fp>          <p>By acting or agreeing to act as Agent (also known as Attorney-in-Fact) under this Power of Attorney, you assume the fiduciary and other legal responsibilities of an agent. These responsibilities include the following:<\u002Fp>          <ol>            <li>The legal duty to act solely in the interest of Principal and to avoid conflicts of interest.<\u002Fli>            <li>The legal duty to keep Principal's property separate and distinct from any other property owned or controlled by you.<\u002Fli>          <\u002Fol>                <p><strong>ACCEPTANCE BY AGENT<\u002Fstrong><\u002Fp>                <p><b>Name: <span style='background: #BBBBBB;'>_____________<\u002Fspan><\u002Fb><\u002Fp>        <p>Signature: _________________________     Dated: _________________<\u002Fp>                                        <div class='-page-break'><\u002Fdiv>                    <center><p class='title center'><strong>STATEMENT OF WITNESS<\u002Fstrong><\u002Fp><\u002Fcenter><br \u002F><br \u002F>            <p>I declare under penalty of perjury: 1) that the individual who signed or acknowledged this Power of Attorney is personally known to me, or that the individual's identity was proven to me by convincing evidence; 2) that the individual signed or acknowledged this Power of Attorney in my presence; 3) that the individual appears to be of sound mind and under no duress, fraud, or undue influence; and 4) that I am not a person appointed as Agent by this Power of Attorney.<\u002Fp>            <p><b>FIRST WITNESS<\u002Fb><\u002Fp>            <p>Name: _________________________________<\u002Fp>            <p>Signature: _________________________     Dated: _________________<\u002Fp>            <p><b>SECOND WITNESS<\u002Fb><\u002Fp>            <p>Name: _________________________________<\u002Fp>            <p>Signature: _________________________     Dated: _________________<\u002Fp>                    <div class='-page-break'><\u002Fdiv>                      <center><p class='title center'><strong>Instructions for Your Power of Attorney<\u002Fstrong><\u002Fp><\u002Fcenter><br \u002F><br \u002F>                    <p>In our power of attorney, you, the "Principal," will specify what powers your "Agent" (a.k.a. your Attorney-in-Fact) has. You can give your Agent decision-making authority over almost any of your affairs, and our power of attorney form gives you complete flexibility in tailoring the document to your specific needs.<\u002Fp>          <p>Note, however, that some powers cannot legally be delegated to your Agent, including the powers to make, amend, or revoke your will; to change insurance beneficiaries; and to vote in a public election.<\u002Fp>          <p>A general power of attorney terminates when you die or become incapacitated. However, a durable power of attorney allows your Agent to act for you even when you become incapacitated. "Incapacitated" means that you are no longer able to understand and evaluate information to make competent decisions regarding your affairs, usually due to physical or mental impairment. A durable power of attorney continues until you die or revoke your Agent's powers.<\u002Fp>          <p>An Agent can be a friend, family member, business partner, or anyone else you trust. Your Agent will also be entitled to receive reasonable compensation for the work they perform unless you specify otherwise.<\u002Fp>          <p><strong>How to Execute Your Document<\u002Fstrong><\u002Fp>          <p>To make your power of attorney legally binding, you need to sign the document in the presence of the appropriate witnesses. Use the list below to locate your state's witnessing requirements. Because financial institutions and other entities often require it to be notarized, we recommend that you use a notary even if your state does not require it. Make sure any witnesses you use are not appointed as Agents in the instrument, related to the Principal by blood, or beneficiaries of the Principal's estate.<\u002Fp>          <p>You do not have to record a power of attorney to make it legally binding. However, if you are giving your Agent the power to handle real estate transactions for you and it is likely your Agent will use this power on your behalf in the future, it is best to go ahead and record the document for a small fee (usually $20-$30).<\u002Fp>          <p>Remember, you can revoke or amend your power of attorney at any time after it goes into effect.<\u002Fp>          <p><strong>Witnessing Requirements<\u002Fstrong><\u002Fp>          <p>In               Alabama, at least two witnesses must sign.             However, it is best (and we  recommend) to have two disinterested witnesses AND a notary sign your power of attorney. This will help verify the authenticity of the document should there ever be a question.<\u002Fp>  \n\n",true,[14,18,21,24,27,30,33,36],{"product_name":15,"category":16,"link":17},"POA Agent Certification","Personal Affairs","\u002Fcategories\u002Fpersonal-affairs\u002Fpoa-agent-certification",{"product_name":19,"category":16,"link":20},"General Affidavit","\u002Fcategories\u002Fpersonal-affairs\u002Fgeneral-affidavit",{"product_name":22,"category":16,"link":23},"Cover Letter","\u002Fcategories\u002Fpersonal-affairs\u002Fcover-letter",{"product_name":25,"category":16,"link":26},"Bankruptcy Worksheet","\u002Fcategories\u002Fpersonal-affairs\u002Fbankruptcy-worksheet",{"product_name":28,"category":16,"link":29},"Cease and Desist Letter","\u002Fcategories\u002Fpersonal-affairs\u002Fcease-and-desist-letter",{"product_name":31,"category":16,"link":32},"Revocation of Power of Attorney","\u002Fcategories\u002Fpersonal-affairs\u002Frevocation-poa",{"product_name":34,"category":16,"link":35},"Financial Power Of Attorney","\u002Fcategories\u002Fpersonal-affairs\u002Ffinancial-power-of-attorney",{"product_name":37,"category":16,"link":38},"Do Not Resuscitate","\u002Fcategories\u002Fpersonal-affairs\u002Fdnr-001",[40,44,48,52,56,60,64,68],{"title":41,"description":42,"link":43},"Proper Estate Planning","The Importance of Proper Estate Planning Proper estate planning is one of the most important things a person can do to provide financial security for their family and loved ones. When thinking of estate planning, there are several vital...","\u002Fguides\u002Fproper-estate-planning",{"title":45,"description":46,"link":47},"The Responsibilities of the Agent","Choosing an Agent A power of attorney is a valuable legal tool that provides a person with a great measure of security should unfortunate events transpire and leave them unable to effectively manage their own estate. When these events...","\u002Fguides\u002Fthe-responsibilities-of-the-agent",{"title":49,"description":50,"link":51},"Your Estate Planning List to Get Ready for the New Year","With the New Year approaching, it is often the time when people make plans for the future. No matter what age you are, you should still have an estate plan. Something unexpected could happen to you at any time. Losing your life is rarely...","\u002Fguides\u002Fyour-estate-planning-list-to-get-ready-for-the-new-year",{"title":53,"description":54,"link":55},"7 Reasons to Think about Estate Planning When Starting a New Business","Starting a new business is actually a great opportunity to start getting your affairs in order. That is because the evaluation, planning, and implementation process that surrounds starting a business should be a natural call to action for planning your estate.","\u002Fguides\u002F7-reasons-to-think-about-estate-planning-when-starting-a-new-business",{"title":57,"description":58,"link":59},"Components of an Estate Plan and How to Determine What You Need","An estate plan is something that everyone should have in place. Whether you only need one estate planning document or all of them will depend on your specific situation. While you may already have one component, such as a will, it may not be...","\u002Fguides\u002Fcomponents-of-an-estate-plan-and-how-to-determine-what-you-need",{"title":61,"description":62,"link":63},"Estate Planning: When to Update Your Plan and Why","If you have an estate plan already in place, then you have started off on the right path. If you do not have one yet, it is time to get one drawn up so you can have a plan in place. However, once you have your estate plan made, it is not...","\u002Fguides\u002Festate-planning-when-to-update-your-plan-and-why",{"title":65,"description":66,"link":67},"4 Useful Tools for Estate Planning","The Value of Proper Estate Planning Many individuals do not consider proper estate planning as a viable option because they believe that their net worth is not high enough or they do not have sufficient property or assets to merit...","\u002Fguides\u002F4-useful-tools-for-estate-planning",{"title":69,"description":70,"link":71},"Essential Estate Planning Updates to Make After You Get Divorced","Divorce holds considerable implications not only for your financial future, but also for the future of your loved ones and even your medical care. To that end, it is imperative that you revisit your estate plan as soon as you seek divorce or separation. Keep the following estate planning considerations in mind as you proceed with your divorce. Befor","\u002Fguides\u002Fessential-estate-planning-updates-to-make-after-you-get-divorced",[73,76],{"label":74,"link":75},"All Documents","\u002Flegal-documents",{"label":16,"link":77},"\u002Fcategories\u002Fpersonal-affairs","payload",{"landerVariant":80,"headline":6,"headlineAccent":81,"subtitle":82,"legacySubtitleHtml":83,"checkmarkText":81,"desktopImage":84,"mobileImage":95,"desktopImageUrl":82,"mobileImageUrl":82,"ctaType":103,"ctaText":81,"ctaLink":81},"design-test-v3",null,"","A durable power of attorney is a legal document used to give another person the power to make important decisions on your behalf, including decisions regarding your financial, real estate, and business affairs. It remains in effect even if you become incapacitated or unable to communicate your wishes.",{"id":85,"alt":81,"updatedAt":86,"createdAt":87,"url":88,"thumbnailURL":81,"filename":89,"mimeType":90,"filesize":91,"width":92,"height":93,"focalX":94,"focalY":94},275,"2026-08-06T15:32:24.148Z","2026-08-06T15:32:24.047Z","https:\u002F\u002Fs3.us-east-2.amazonaws.com\u002Fshared-cms-main-media.legalnature.com\u002FDPOA%20Preview%20D","DPOA Preview D","image\u002Fwebp",457572,1200,1447,50,{"id":96,"alt":81,"updatedAt":97,"createdAt":98,"url":99,"thumbnailURL":81,"filename":100,"mimeType":90,"filesize":101,"width":92,"height":102,"focalX":94,"focalY":94},297,"2026-08-06T16:24:05.545Z","2026-08-06T16:24:05.468Z","https:\u002F\u002Fs3.us-east-2.amazonaws.com\u002Fshared-cms-main-media.legalnature.com\u002FDPOA%20preview%20M","DPOA preview M",198916,659,"standard",[],[106,113,159,165,169,191,197,213,217,223,258],{"id":107,"content":81,"legacyHtml":108,"variant":109,"anchorId":81,"alignment":110,"ctaText":81,"ctaLink":81,"padding":81,"blockName":81,"blockType":111,"visibility":112},"6a15a259f13133005943ec22","\u003Ch3>What is a durable power of attorney?\u003C\u002Fh3>\n\u003Cdiv data-test-id=\"\">\n\u003Cdiv>\n\u003Cdiv>\u003C\u002Fdiv>\n\u003C\u002Fdiv>\n\u003C\u002Fdiv>\n\u003Cdiv>\n\u003Cdiv>\n\u003Cdiv>\n\u003Cdiv>\n\u003Cdiv aria-label=\"Difference Between a Durable and a Limited Power of Attorney in ...\" data-state=\"closed\">\u003Ca href=\"https:\u002F\u002Fgarylandau.com\u002Fdifference-between-a-durable-and-a-limited-power-of-attorney-in-florida\u002F\" rel=\"noopener\" target=\"_blank\">\n\u003Cdiv>\n\u003Cdiv>\u003C\u002Fdiv>\n\u003C\u002Fdiv>\n\u003C\u002Fa>\u003C\u002Fdiv>\n\u003C\u002Fdiv>\n\u003C\u002Fdiv>\n\u003C\u002Fdiv>\n\u003C\u002Fdiv>\n\u003Cdiv>\n\u003Cdiv aria-label=\"Durable Power of Attorney - Texas State Law Library\" data-state=\"closed\">\u003Ca href=\"https:\u002F\u002Fguides.sll.texas.gov\u002Fpowers-of-attorney\u002Fdurable-powers-of-attorney\" rel=\"noopener\" target=\"_blank\">\n\u003Cdiv>\n\u003Cdiv>\u003C\u002Fdiv>\n\u003C\u002Fdiv>\n\u003C\u002Fa>\u003C\u002Fdiv>\n\u003C\u002Fdiv>\n\u003Cdiv>\n\u003Cdiv aria-label=\"What Is a Durable Power of Attorney, and How Does It Work?\" data-state=\"closed\">\u003Ca href=\"https:\u002F\u002Fwww.legalzoom.com\u002Farticles\u002Fwhat-is-a-durable-power-of-attorney\" rel=\"noopener\" target=\"_blank\">\n\u003Cdiv>\n\u003Cdiv>\u003C\u002Fdiv>\n\u003C\u002Fdiv>\n\u003C\u002Fa>\u003C\u002Fdiv>\n\u003C\u002Fdiv>\n\u003Cdiv>\n\u003Cdiv>\n\u003Cdiv>\n\u003Cdiv>\n\u003Cdiv id=\"markdown-content-0\" dir=\"auto\">\n\u003Cdiv>\n\u003Cdiv>\n\u003Cp>A durable power of attorney (DPOA) is a legal document that allows an individual (the principal) to designate another person (the agent or attorney-in-fact) the legal authority to make financial and legal decisions on their behalf\u003Ca href=\"https:\u002F\u002Fgarylandau.com\u002Fdifference-between-a-durable-and-a-limited-power-of-attorney-in-florida\u002F\" aria-label=\"Difference Between a Durable and a Limited Power of Attorney in ...\" data-state=\"closed\" rel=\"nofollow noopener\" target=\"_blank\">\u003C\u002Fa>\u003Ca href=\"https:\u002F\u002Fwww.legalzoom.com\u002Farticles\u002Fwhat-is-a-durable-power-of-attorney\" aria-label=\"What Is a Durable Power of Attorney, and How Does It Work?\" data-state=\"closed\" rel=\"nofollow noopener\" target=\"_blank\">\u003C\u002Fa>. The key feature of a durable power of attorney is that it remains in effect even in the event of the principal's incapacitation or inability to make decisions for themselves. Unlike a medical or healthcare power of attorney, a durable power of attorney often does not include the authority to make medical decisions on the principal's behalf.\u003C\u002Fp>\n\u003C\u002Fdiv>\n\u003C\u002Fdiv>\n\u003C\u002Fdiv>\n\u003C\u002Fdiv>\n\u003C\u002Fdiv>\n\u003C\u002Fdiv>\n\u003C\u002Fdiv>","default","left","rich-content",{"hideOnMobile":81,"hideOnDesktop":81},{"id":114,"heading":115,"layout":116,"columns":117,"itemStyle":118,"blockName":81,"items":119,"blockType":157,"visibility":158},"6a15a259f13133005943ec26","Choose the right power of attorney for you","grid","3","card-with-image",[120,134,144],{"id":121,"title":122,"description":81,"legacyHtml":123,"image":124,"imageUrl":82,"url":133},"6a15a259f13133005943ec23","Healthcare Power of Attorney","This power of attorney is used to designate a health care agent or health care proxy to make decisions about the principal's health care and medical treatment on the principal's behalf if the principal becomes incapacitated or unable to communicate their wishes. ",{"id":125,"alt":81,"updatedAt":126,"createdAt":127,"url":128,"thumbnailURL":81,"filename":129,"mimeType":90,"filesize":130,"width":131,"height":132,"focalX":94,"focalY":94},242,"2026-08-05T20:44:51.266Z","2026-08-05T20:44:51.192Z","https:\u002F\u002Fs3.us-east-2.amazonaws.com\u002Fshared-cms-main-media.legalnature.com\u002FHPOA%20Preview%20D","HPOA Preview D",102404,1134,690,"\u002Fcategories\u002Fhealthcare\u002Fhealthcare-power-of-attorney",{"id":135,"title":136,"description":81,"legacyHtml":137,"image":138,"imageUrl":82,"url":81},"6a15a259f13133005943ec24","General Power of Attorney","A general power of attorney is used to give another person the power to make important decisions on the principal's behalf, including decisions regarding financial, real estate, and business affairs.",{"id":139,"alt":81,"updatedAt":140,"createdAt":141,"url":142,"thumbnailURL":81,"filename":143,"mimeType":90,"filesize":91,"width":92,"height":93,"focalX":94,"focalY":94},279,"2026-08-06T15:50:20.445Z","2026-08-06T15:50:20.359Z","https:\u002F\u002Fs3.us-east-2.amazonaws.com\u002Fshared-cms-main-media.legalnature.com\u002FPOA%20Preview%20D","POA Preview D",{"id":145,"title":146,"description":81,"legacyHtml":147,"image":148,"imageUrl":82,"url":156},"6a15a259f13133005943ec25","Medical Power of Attorney","Like a healthcare power of attorney, this legal document is used to designate a health care agent or health care proxy to make decisions about the principal's health care and medical treatment on the principal's behalf if the principal becomes incapacitated or unable to communicate their wishes. ",{"id":149,"alt":81,"updatedAt":150,"createdAt":151,"url":152,"thumbnailURL":81,"filename":153,"mimeType":90,"filesize":154,"width":92,"height":155,"focalX":94,"focalY":94},234,"2026-07-30T20:33:11.026Z","2026-07-30T20:33:10.980Z","https:\u002F\u002Fs3.us-east-2.amazonaws.com\u002Fshared-cms-main-media.legalnature.com\u002FMPOA%20Preview%20D","MPOA Preview D",452524,1448,"\u002Fcategories\u002Fhealthcare\u002Fmedical-power-of-attorney","list",{"hideOnMobile":81,"hideOnDesktop":81},{"id":160,"heading":161,"showStates":12,"hideOnStateOverride":162,"blockName":81,"blockType":163,"visibility":164},"6a15a259f13133005943ec27","Create a power of attorney in your state",false,"state-selector",{"hideOnMobile":81,"hideOnDesktop":81},{"id":166,"content":81,"legacyHtml":167,"variant":109,"anchorId":81,"alignment":110,"ctaText":81,"ctaLink":81,"padding":81,"blockName":81,"blockType":111,"visibility":168},"6a15a259f13133005943ec28","\u003Ch3>When to use a durable power of attorney\u003C\u002Fh3>\n\u003Cp>A power of attorney is a useful legal document that is used for the following situations:\u003C\u002Fp>\n\u003Cul>\n\u003Cli>You want to give someone permission to act on your behalf\u003C\u002Fli>\n\u003Cli>You wish to appoint an agent to manage your financial, business, real estate, or other personal affairs\u003C\u002Fli>\n\u003Cli>You need an agent to have the power to act for you in case you become incapacitated or unable to speak for yourself\u003C\u002Fli>\n\u003C\u002Ful>",{"hideOnMobile":81,"hideOnDesktop":81},{"id":170,"heading":171,"blockName":81,"items":172,"blockType":189,"visibility":190},"6a15a259f13133005943ec2d","Create your power of attorney in 4 easy steps",[173,177,181,185],{"id":174,"title":175,"description":81,"legacyHtml":176},"6a15a259f13133005943ec29","Name Your Agent","Your appointed representative, often called an agent, usually must be of legal age and is legally bound to follow your instructions and act on your wishes. Choose someone trustworthy, typically a close friend or family member.",{"id":178,"title":179,"description":81,"legacyHtml":180},"6a15a259f13133005943ec2a","Communicate Your Wishes","Fill out our form and determine whether your power attorney will be limited in either scope or duration, or general and durable. You may also determine which certain types of decision-making powers you wish to grant your agent in addition to any special instructions.",{"id":182,"title":183,"description":81,"legacyHtml":184},"6a15a259f13133005943ec2b","Review and Sign Your Document","A power of attorney document must be signed and notarized in order to be valid since it is a powerful legal document. Several states require witnesses to the signatures as well.",{"id":186,"title":187,"description":81,"legacyHtml":188},"6a15a259f13133005943ec2c","Distribute Copies","Once your power of attorney is complete, copies should be made and distributed to all parties, including the principal, agent, and any third parties that may involve the principal's affairs as they pertain to the scope of the power of attorney. Many institutions and organizations will not allow the agent to make decisions on the principal's behalf unless they have received a copy.","steps",{"hideOnMobile":81,"hideOnDesktop":81},{"id":192,"content":81,"legacyHtml":193,"variant":194,"anchorId":81,"alignment":110,"ctaText":195,"ctaLink":81,"padding":81,"blockName":81,"blockType":111,"visibility":196},"6a15a259f13133005943ec2e","\u003Ch3>Why create a power of attorney?\u003C\u002Fh3>\n\u003Cp>Creating a power of attorney document is a crucial step in estate planning and personal management for several important reasons:\u003C\u002Fp>\n\u003Cul class=\"txt-checkmark-list-v2 tw-flex tw-flex-wrap\">\n\u003Cli>\n\u003Cp>\u003Cstrong>\u003Cspan style=\"color: #e67e23;\">Preparation for incapacity\u003C\u002Fspan>\u003C\u002Fstrong>: A durable POA ensures that someone you trust can make decisions on your behalf if you become unable to do so due to illness, accident, or mental decline.\u003C\u002Fp>\n\u003C\u002Fli>\n\u003Cli>\n\u003Cp>\u003Cstrong>\u003Cspan style=\"color: #e67e23;\">Avoiding guardianship\u003C\u002Fspan>\u003C\u002Fstrong>: By designating an agent through a POA, you can prevent the need for a court-appointed guardian or conservator, which can be costly and time-consuming.\u003C\u002Fp>\n\u003C\u002Fli>\n\u003Cli>\n\u003Cp>\u003Cstrong>\u003Cspan style=\"color: #e67e23;\">Financial management\u003C\u002Fspan>\u003C\u002Fstrong>: A POA allows your chosen agent to handle your financial matters and make financial decisions on your behalf, including paying bills, managing investments, and protecting assets.\u003C\u002Fp>\n\u003C\u002Fli>\n\u003Cli>\n\u003Cp>\u003Cstrong>\u003Cspan style=\"color: #e67e23;\">Healthcare decisions\u003C\u002Fspan>\u003C\u002Fstrong>: A healthcare POA specifically authorizes someone to make medical decisions, including choosing medical treatments, for you if you are unable to communicate your wishes.\u003C\u002Fp>\n\u003C\u002Fli>\n\u003Cli>\n\u003Cp>\u003Cstrong>\u003Cspan style=\"color: #e67e23;\">Clarity of intent\u003C\u002Fspan>\u003C\u002Fstrong>: A well-drafted POA clearly communicates your wishes, reducing potential conflicts among family members about your care or financial management.\u003C\u002Fp>\n\u003C\u002Fli>\n\u003Cli>\n\u003Cp>\u003Cstrong>\u003Cspan style=\"color: #e67e23;\">Asset protection\u003C\u002Fspan>\u003C\u002Fstrong>: A comprehensive POA can enable your agent to engage in asset protection strategies if needed, potentially saving significant amounts of money.\u003C\u002Fp>\n\u003C\u002Fli>\n\u003Cli>\n\u003Cp>\u003Cstrong>\u003Cspan style=\"color: #e67e23;\">Flexibility\u003C\u002Fspan>\u003C\u002Fstrong>: You can customize a POA to be as broad or specific as you want, tailoring it to your unique needs and circumstances.\u003C\u002Fp>\n\u003C\u002Fli>\n\u003Cli>\n\u003Cp>\u003Cstrong>\u003Cspan style=\"color: #e67e23;\">Peace of mind\u003C\u002Fspan>\u003C\u002Fstrong>: Having a POA in place provides comfort, knowing that your affairs will be managed according to your wishes even if you are unable to do so yourself.\u003C\u002Fp>\n\u003C\u002Fli>\n\u003Cli>\n\u003Cp>\u003Cstrong>\u003Cspan style=\"color: #e67e23;\">Convenience\u003C\u002Fspan>\u003C\u002Fstrong>: A POA can be useful for handling financial or legal matters when you are unavailable due to travel or other commitments.\u003C\u002Fp>\n\u003C\u002Fli>\n\u003Cli>\n\u003Cp>\u003Cstrong>\u003Cspan style=\"color: #e67e23;\">Protection for the agent\u003C\u002Fspan>\u003C\u002Fstrong>: A properly drafted POA can protect your chosen agent from allegations of financial abuse by clearly outlining their authority.\u003C\u002Fp>\n\u003C\u002Fli>\n\u003C\u002Ful>","highlight","Create Your Durable Power of Attorney Today",{"hideOnMobile":81,"hideOnDesktop":81},{"id":198,"heading":199,"description":81,"legacyHtml":200,"image":201,"imageUrl":82,"layout":210,"blockName":81,"blockType":211,"visibility":212},"6a15a259f13133005943ec2f","Why choose LegalNature?","LegalNature offers qualified guidance to navigate the nuances of creating legal documents across all 50 states and the District of Columbia. LegalNature offers a 30-day money-back guarantee. If you're not happy, then we’re not happy. Give us a call and let us help.",{"id":202,"alt":81,"updatedAt":203,"createdAt":204,"url":205,"thumbnailURL":81,"filename":206,"mimeType":90,"filesize":207,"width":208,"height":209,"focalX":94,"focalY":94},218,"2026-07-29T18:21:40.238Z","2026-07-29T18:21:40.153Z","https:\u002F\u002Fs3.us-east-2.amazonaws.com\u002Fshared-cms-main-media.legalnature.com\u002FWhy%20Choose","Why Choose",204042,786,958,"image-right","media-content",{"hideOnMobile":81,"hideOnDesktop":81},{"id":214,"content":81,"legacyHtml":215,"variant":109,"anchorId":81,"alignment":110,"ctaText":81,"ctaLink":81,"padding":81,"blockName":81,"blockType":111,"visibility":216},"6a15a259f13133005943ec30","\u003Ch2>Durable Power of Attorney Guide\u003C\u002Fh2>\n\u003Cp>No matter what type of power of attorney you need, LegalNature's intuitive questionnaire makes it easy to give your agent decision-making authority over almost all of your affairs, and our power of attorney form gives you complete flexibility in tailoring the document to your specific needs. Below, you will find a detailed description of the main sections and key components of LegalNature's customizable power of attorney template in the order that they appear in the document. Note that some of these sections may be omitted from your document depending on how you answer the relevant questions. \u003C\u002Fp>\n\u003Cp>\u003Cspan style=\"color: #ffffff;\">living will living will living will\u003C\u002Fspan>\u003C\u002Fp>\n\u003Ch3>Naming Your Agent\u003C\u002Fh3>\n\u003Cp>The person you appoint to handle your affairs might be called an “agent,” “proxy,” “representative,” \"attorney in fact,\" or something else depending on the state you live in. By signing this document your agent is legally obligated to follow your written instructions and to always try to act according to your known wishes. Note that our \u003Ca href=\"https:\u002F\u002Fwww.legalnature.com\u002Fcategories\u002Fhealthcare\u002Fliving-will\" target=\"_blank\" rel=\"follow noopener\">living will form\u003C\u002Fa> includes a healthcare power of attorney within it and also allows you to specify your preferences in the event that you lack mental capacity and can no longer speak for yourself.\u003C\u002Fp>\n\u003Cp>The agent you appoint generally must be of legal age or older and should be someone that you trust completely. It is important to read your completed form thoroughly to ensure that you have met all requirements mandated by your state. For instance, some states prohibit you from naming your doctor or an employee of your health care provider as your representative. Most people opt to appoint a trusted friend or family member, such as an adult child.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch3>Successor Agents\u003C\u002Fh3>\n\u003Cp>You will need to name alternate agents, called “successor agents,” in case your first choice is unable or unwilling to represent you when the time comes. For instance, your first choice may become ill, pass away, or simply no longer wish to act on your behalf.\u003C\u002Fp>\n\u003Cp>In any case, appointing multiple alternate or successor agents in your durable POA is a smart way to ensure that someone you trust eventually becomes your agent. In your power of attorney, each agent and successor agent will be specifically identified by their names, addresses, and phone numbers to prevent any possible confusion over their identities.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch3>Other Appointments\u003C\u002Fh3>\n\u003Cp>It is also recommended that you appoint a personal guardian. This person will be responsible for managing your personal affairs if you become incapacitated. Again, appointing someone that you know and trust is crucial for preventing a court-appointed guardian being assigned to you, since such guardians will not necessarily have your best interests in mind.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch3>Period of Effectiveness\u003C\u002Fh3>\n\u003Cp>Here you will indicate when the durable POA will go into effect and the length of the agent’s authority.\u003C\u002Fp>\n\u003Cp>For instance, you can choose to empower the agent to begin immediately or at a later date. When completing a durable POA, you can authorize this to occur when you become incapacitated or deceased. Here, “incapacitated” means whenever the principal is unable to comprehend and analyze his or her personal affairs in order to make competent decisions. This could result from either physical or mental impairment. Unlike a durable power of attorney, in a general power of attorney the agent’s authority normally does not continue after incapacitation or death.\u003C\u002Fp>\n\u003Cp>You will also choose when the agent’s authority ends. This could be a specified end date, or you might choose to allow the agent to continue serving indefinitely until the principal decides to revoke the authority. Again, in a durable power of attorney, the agent will normally continue serving even after the principal’s incapacitation or death.\u003C\u002Fp>\n\u003Cp>Indicating a specific end date is often appropriate when the principal will be traveling or otherwise unable to attend to their own personal affairs for a certain amount of time. For instance, military personnel often sign over powers of attorney to a spouse or trusted friend while deployed on duty. Note that if you are unsure as to the exact time frame needed, you can always extend or revoke the authority at any time down the road. This means that your best guess should suffice.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch3>Agent as Fiduciary\u003C\u002Fh3>\n\u003Cp>Under a durable POA, the principal and agent are in a “fiduciary relationship.” This means that the agent, and any alternate agents thereafter, are always required to act in the principal’s best interest and that their relationship is one of the highest trust and confidence. An agent who acts outside of the fiduciary relationship may end up seeing their authority revoked, and possibly other legal consequences. This protection allows principals to rest easy knowing that the law will protect them if the agent abuses their authority.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch4>General Authority to Act\u003C\u002Fh4>\n\u003Cp>The principal may choose to provide a blanket authority to the agent, allowing them to handle any matter on their behalf. In this case, your form will still provide an itemized list of powers. Banks, health care providers, and other organizations will sometimes only accept a power of attorney if it specifically states the power the agent is trying to exercise. If the principal does not provide total authority, you will then select from the following specific powers you wish to authorize:\u003C\u002Fp>\n\u003Cul>\n\u003Cli>\u003Cspan style=\"color: #009eff;\">\"Real property\"\u003C\u002Fspan> authorizes the agent to purchase, sell, and otherwise handle the principal’s real estate matters. Real estate includes any property interest, such as homes, condos, undeveloped plots, and partial interests.\u003C\u002Fli>\n\u003Cli>\u003Cspan style=\"color: #009eff;\">\"Tangible personal property\"\u003C\u002Fspan> authorizes the agent to purchase, sell, and handle the principal’s items of physical personal property. Examples include jewelry, vehicles, furniture, art, and heirlooms.\u003C\u002Fli>\n\u003Cli>\u003Cspan style=\"color: #009eff;\">\"Stocks and bonds\"\u003C\u002Fspan> allow the agent to buy, sell, and manage stocks and bonds on the principal's behalf.\u003C\u002Fli>\n\u003Cli>\u003Cspan style=\"color: #009eff;\">\"Commodities and options\"\u003C\u002Fspan> grant the agent the authority to buy, sell, and manage commodities and options on the principal's behalf.\u003C\u002Fli>\n\u003Cli>\u003Cspan style=\"color: #009eff;\">\"Banks and financial institutions\"\u003C\u002Fspan> authorize the agent to deal with financial institutions and financial transactions on the principal's behalf. This may include opening and closing bank accounts; depositing and withdrawing funds; receiving and monitoring account statements; taking out loans to support other financial, business, or legal interests; and managing debit and credit cards.\u003C\u002Fli>\n\u003Cli>\u003Cspan style=\"color: #009eff;\">\"Operation of entity or business\"\u003C\u002Fspan> grants the agent the authority to buy, sell, manage, or terminate the principal's interest in businesses they own. Examples include hiring decisions, contractual dealings, legal strategy, investment strategy, public relations, and financial decisions.\u003C\u002Fli>\n\u003Cli>\u003Cspan style=\"color: #009eff;\">\"Insurance and annuities\"\u003C\u002Fspan> allow the agent to manage any of the principal’s insurance plans or annuities, including changing or ending them.\u003C\u002Fli>\n\u003Cli>\u003Cspan style=\"color: #009eff;\">\"Estates, trusts, and other beneficial interests\"\u003C\u002Fspan> enables the agent to handle the principal’s estate planning, trusts, and other beneficial interests. A “beneficial interest” is the right to profit, distribution, property, title, or other benefits on assets held within an estate, trust, or agreement (i.e. funds from trusts, wills, guardianships, escrow accounts, etc.).\u003C\u002Fli>\n\u003Cli>\u003Cspan style=\"color: #009eff;\">\"Claims and litigation\"\u003C\u002Fspan> allows the agent to act for the principal regarding legal disputes, including settling actions, submitting claims to dispute resolution, and paying or receiving a judgment.\u003C\u002Fli>\n\u003Cli>\u003Cspan style=\"color: #009eff;\">\"Personal and family maintenance\" \u003C\u002Fspan>allows the agent to ensure that the principal’s family maintains its standard of living by providing funds for living expenses, health care, and education.\u003C\u002Fli>\n\u003Cli>\u003Cspan style=\"color: #009eff;\">\"Benefits from governmental programs and civil or military service\"\u003C\u002Fspan> allows the agent to manage government benefits, such as government loans, tax savings, and pension plans.\u003C\u002Fli>\n\u003Cli>\u003Cspan style=\"color: #009eff;\">\"Retirement plans\"\u003C\u002Fspan> allows the agent to create, maintain, and alter the principal's interest in and benefits under any retirement plans, accounts, or portfolios.\u003C\u002Fli>\n\u003Cli>\u003Cspan style=\"color: #009eff;\">\"Taxes\"\u003C\u002Fspan> allows the agent to manage the principal’s taxes at the federal, state, or local level, including filing tax returns.\u003C\u002Fli>\n\u003Cli>\u003Cspan style=\"color: #009eff;\">\"Gifts\"\u003C\u002Fspan> allows the agent to give gifts to the principal’s desired beneficiaries out of the principal’s assets. For example, this could include trusts or savings accounts for the principal’s children.\u003C\u002Fli>\n\u003C\u002Ful>\n\u003Ch3>Specific Acts Authorized\u003C\u002Fh3>\n\u003Cp>Here you will find less common powers you may want to authorize for specific situations. The following definitions will aid your understanding of these powers:\u003C\u002Fp>\n\u003Cul>\n\u003Cli>\u003Cspan style=\"color: #009eff;\">\"Right of survivorship\"\u003C\u002Fspan> is a joint property right that allows a joint owner to receive the interest of another joint owner that passes away.\u003C\u002Fli>\n\u003Cli>\u003Cspan style=\"color: #009eff;\">\"Beneficiaries\"\u003C\u002Fspan> are any person or entity entitled to receive assets, profits, gifts, or another benefit. Beneficiaries usually receive such benefits from the principal, the principal’s estate, a trust, or an insurance policy.\u003C\u002Fli>\n\u003Cli>\u003Cspan style=\"color: #009eff;\">\"Delegation\"\u003C\u002Fspan> authorizes the agent to pass on all or part of their authorized powers to a third party.\u003C\u002Fli>\n\u003Cli>\u003Cspan style=\"color: #009eff;\">\"Waiving the principal’s rights\"\u003C\u002Fspan> means that the agent may formally give up a right that the principal has to a retirement plan, annuity, or other benefit. This sometimes happens, for instance, when the principal would have wanted a spouse or other beneficiary to receive the benefit under the circumstances.\u003C\u002Fli>\n\u003Cli>\u003Cspan style=\"color: #009eff;\">\"Exercise fiduciary powers\"\u003C\u002Fspan> allows the agent to perform any fiduciary duties that the principal may have. This might include acting as a trustee or a board member. Local state law may stipulate what fiduciary powers the agent can or cannot perform.\u003C\u002Fli>\n\u003Cli>\u003Cspan style=\"color: #009eff;\">\"Disclaim property interests\" \u003C\u002Fspan>grants the agent the power to give up the principal’s property interest.\u003C\u002Fli>\n\u003Cli>\u003Cspan style=\"color: #009eff;\">\"Inter vivos trust\"\u003C\u002Fspan> means a trust created during the principal’s life with the assets (usually) to be disbursed upon the principal’s death.\u003C\u002Fli>\n\u003Cli>\u003Cspan style=\"color: #009eff;\">\"Pets\" \u003C\u002Fspan>are often addressed in a \u003Cem>durable\u003C\u002Fem> power of attorney. Agents may have the authority to provide support for the principal’s pets, including making boarding arrangements, paying veterinary bills, and maintaining the pets’ standard of living from the principal's own finances.\u003C\u002Fli>\n\u003Cli>\u003Cspan style=\"color: #009eff;\">\"Funeral and burial arrangements\"\u003C\u002Fspan> allows the agent under a \u003Cem>durable\u003C\u002Fem> power of attorney the authority to make funeral, memorial, burial, or cremation arrangements after the principal passes away. This may include buying a cemetery plot, ordering cremation, and following instructions from another advance directive, separate document, or a health care agent or proxy, if one exists.\u003C\u002Fli>\n\u003Cli>\u003Cspan style=\"color: #009eff;\">\"Gifts to agent\"\u003C\u002Fspan> allows the agent to make limited monetary or property gifts from the principal's own finances to themselves. This gift must not exceed the annual federal gift tax exclusion amount provided by the Internal Revenue Service (IRS). Allowing this power can help ensure that the agent can maintain their standard of living, health care, and education. It does not grant the agent complete legal authority to use the principal's assets for whatever they want. It does allow the agent to give gifts to themselves under limited circumstances and only in accordance with the principal's expressed wishes.\u003C\u002Fli>\n\u003Cli>\u003Cspan style=\"color: #009eff;\">\"Nominating a conservator\" \u003C\u002Fspan>allows the agent under a \u003Cem>durable\u003C\u002Fem> power of attorney document to designate a conservator for the principal if the principal does not name one themselves and protective proceedings are initiated by the court when the principal becomes incapacitated. The agent may nominate themselves to be the principal's conservator. This power is normally recommended in order to guard against the possibility of a court-appointed conservator being assigned, who will not necessarily have the principal’s best interests in mind.\u003C\u002Fli>\n\u003Cli>\u003Cspan style=\"color: #009eff;\">\"Other matters, alter ego, incidental powers\"\u003C\u002Fspan> allows the agent all rights to act on the principal's behalf as if they are the principal's alter ego. This includes all matters that are not stated within the power of attorney, so long as it does not contravene the principal’s wishes.\u003C\u002Fli>\n\u003C\u002Ful>\n\u003Cp>\u003C\u002Fp>\n\u003Ch3>Special Instructions\u003C\u002Fh3>\n\u003Cp>You also have the option of including any special wishes, terms, restrictions, or instructions. It is a good idea to include any general goals here, even if they have already been communicated to the agent orally.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch3>Amplifying Powers\u003C\u002Fh3>\n\u003Cp>This section of the form specifies the agent’s rights to compensation for their effort. For instance, the agent may be paid monthly for their services from the principal's own finances. However, the agent will be required to itemize their costs and expenses, which must be reasonable.\u003C\u002Fp>\n\u003Cp>Here, the principal also affirms that banks and other third parties may rely on the representations made by the agent without fear of reprisal.\u003C\u002Fp>\n\u003Cp>Finally, this section states that the agent cannot be held responsible for any unintentional or negligent wrongdoing so long as they seek to act in the principal’s best interests or according to their wishes. This is essential for encouraging agents to accept their appointments.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch3>Principal’s Signature\u003C\u002Fh3>\n\u003Cp>After the principal finishes reviewing the power of attorney, they may need to sign in the presence of witnesses according to their state’s rules as indicated in the form.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch3>Notice to Person Accepting the Appointment as Attorney-in-Fact\u003C\u002Fh3>\n\u003Cp>This notice is attached to the form as a separate document and acknowledges that the agent understands their duties and responsibilities. The agent should carefully read the power of attorney and this notice prior to signing and accepting the nomination as agent. The agent is advised to find legal counsel if they have any questions or concerns.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch3>Notary Acknowledgment\u003C\u002Fh3>\n\u003Cp>Although not always required in every state, it is recommended that you use a notary to witness the signing, which will help prove the authenticity of the power of attorney should it ever be disputed in court.\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch3>Statement of Witness\u003C\u002Fh3>\n\u003Cp>Here, the witnesses sign a statement affirming the principal's identity, that they signed the power of attorney in the witness’ presence, that they are of sound mind and memory, that the signature was not procured fraudulently, and that the witness or witnesses are not serving as agents (i.e. meaning that they are disinterested parties without any conflicts of interest).\u003C\u002Fp>\n\u003Cp>\u003C\u002Fp>\n\u003Ch3>Executing Your Document\u003C\u002Fh3>\n\u003Cp>Since banks and other institutions, such as health care providers, often require powers of attorney to be notarized, we recommend that you use a notary even if your state does not require it. \u003C\u002Fp>",{"hideOnMobile":81,"hideOnDesktop":81},{"id":218,"style":219,"size":220,"blockName":81,"blockType":221,"visibility":222},"6a15a259f13133005943ec31","line","md","separator",{"hideOnMobile":162,"hideOnDesktop":162},{"id":224,"heading":225,"background":226,"blockName":81,"items":227,"blockType":256,"visibility":257},"6a15a259f13133005943ec39","Frequently Asked Questions","light-blue",[228,232,236,240,244,248,252],{"id":229,"question":230,"answer":81,"legacyHtml":231},"6a15a259f13133005943ec32","Does a durable power of attorney expire?","\u003Cp>A durable power of attorney does not have an expiration date unless the principal includes a termination date in their power of attorney form. Nevertheless, it is recommended that you review the power of attorney regularly to determine if any changes are needed. Major life events, such as the birth of a child or receiving new assets, may make it necessary to amend the form or create a new one. If you need to do this, simply use LegalNature's \u003Ca href=\"https:\u002F\u002Fwww.legalnature.com\u002Fcategories\u002Fpersonal-affairs\u002Frevocation-poa\" rel=\"follow\">form to revoke your first power of attorney\u003C\u002Fa> and modify your wishes.\u003C\u002Fp>",{"id":233,"question":234,"answer":81,"legacyHtml":235},"6a15a259f13133005943ec33","Can I revoke my durable power of attorney?","\u003Cp>The principal is under no obligation to maintain a power of attorney and can end the durable POA at any time and for any reason. It is always a good idea to notify your agent and any third-party institutions that you are cancelling your power of attorney.\u003C\u002Fp>",{"id":237,"question":238,"answer":81,"legacyHtml":239},"6a15a259f13133005943ec34","How do I revoke a power of attorney?","\u003Cp>To revoke a power of attorney, you need to expressly indicate this in a written form. You can u\u003Cspan>se our \u003Ca href=\"https:\u002F\u002Fwww.legalnature.com\u002Fcategories\u002Fpersonal-affairs\u002Frevocation-poa\" rel=\"follow noopener\" target=\"_blank\">revocation form \u003C\u002Fa>to revoke your existing power of attorney \u003C\u002Fspan>\u003Cspan>or create a new power of attorney that indicates the previous power of attorney is revoked.\u003C\u002Fspan>\u003C\u002Fp>",{"id":241,"question":242,"answer":81,"legacyHtml":243},"6a15a259f13133005943ec35","Do I need to register my power of attorney?","\u003Cp>There is normally no need to register a power of attorney with a specific government office. The only exception to this is that in some states a power of attorney will need to be registered with the County Clerk’s Office in order to deal with the sale or purchase of real estate.\u003C\u002Fp>",{"id":245,"question":246,"answer":81,"legacyHtml":247},"6a15a259f13133005943ec36","Are there any powers that I cannot give my agent?","\u003Cp>Yes, there are some things that an agent cannot do on your behalf under a durable POA. This list varies depending on what state you are in; however, common exclusions are that your agent cannot vote for you or create or amend a last will and testament.\u003C\u002Fp>",{"id":249,"question":250,"answer":81,"legacyHtml":251},"6a15a259f13133005943ec37","What is the difference between a general power of attorney and a durable power of attorney?","\u003Cp>In all states, a general power of attorney will cease to be effective if the principal loses the mental capacity to communicate their wishes. If the principal specifies that the power of attorney is to be durable, then the agent’s powers will continue even if the principal is incapacitated.\u003C\u002Fp>",{"id":253,"question":254,"answer":81,"legacyHtml":255},"6a15a259f13133005943ec38","Do I need an attorney to create a power of attorney?","\u003Cp>Creating your own durable power of attorney is legally permissible, but it is not advisable. Each state enforces unique legal requirements for valid powers of attorney. While an attorney is not mandatory, professional assistance from an estate planning lawyer is strongly recommended to ensure your durable POA is enforceable and accurately reflects your wishes. Using expert services can help you navigate state-specific laws, avoid costly mistakes, and provide peace of mind that your wishes will be honored.\u003C\u002Fp>","faqs",{"hideOnMobile":162,"hideOnDesktop":162},{"id":259,"headline":260,"text":261,"image":262,"ctaText":81,"blockName":81,"blockType":263,"visibility":264},"6a74b55a5af4a100f433a6df","Start Your Durable Power of Attorney ","Complete your durable power of attorney in minutes with LegalNature's intuitive, step-by-step guidance.",{"id":85,"alt":81,"updatedAt":86,"createdAt":87,"url":88,"thumbnailURL":81,"filename":89,"mimeType":90,"filesize":91,"width":92,"height":93,"focalX":94,"focalY":94},"get-started",{"hideOnMobile":81,"hideOnDesktop":81},{"title":266,"description":267,"keyword":268,"og_image":269},"Durable Power of Attorney  | Create & Print | LegalNature","Create a durable power of attorney that stays valid if you become incapacitated. State-specific forms available in all 50 states.","Durable Power of Attorney ","https:\u002F\u002Fs3.us-east-2.amazonaws.com\u002Fshared-cms-main-media.legalnature.com\u002FXVYfZPWkSe6wGME3oan2.jpg",{"headline":271,"image":272,"imageUrl":82,"steps":273},"Create your durable power of attorney in minutes",{"id":96,"alt":81,"updatedAt":97,"createdAt":98,"url":99,"thumbnailURL":81,"filename":100,"mimeType":90,"filesize":101,"width":92,"height":102,"focalX":94,"focalY":94},[274,277,280],{"id":275,"text":276},"6a15a259f13133005943ec3a","Complete our power of attorney form",{"id":278,"text":279},"6a15a259f13133005943ec3b","Preview and download your document",{"id":281,"text":282},"6a15a259f13133005943ec3c","Review and sign your document"]