What is Durable Power of Attorney?

Durable power of attorney is a legal agreement that allows you to designate an attorney-in-fact to act on your behalf. You can grant the attorney-in-fact authority to perform a wide variety of tasks on your behalf, including paying bills, trading stocks, applying for public benefits, selling property, signing contracts, and filing your taxes. You can also grant the attorney-in-fact a general power of attorney to act on your behalf.

Mother & Daughter
(Photo credit: footloosiety)

Make sure to appoint someone you trust as the attorney-in-fact. However, rest assured that whoever you chose will have a legal duty to act in your best interest. They are prohibited by law from appropriating your personal assets for their personal gain.

In order to create a durable power of attorney, you are required to have the mental capacity to form the agreement. You are entitled to cancel the durable power of attorney as long as you have mental capacity. However, a durable power of attorney agreement remains valid even after you lose mental capacity. This allows the attorney-in-fact to continue to assist you in maintaining your life after you cannot do so on your own. This is different from a nondurable power of attorney agreement, which would end when you, the principle, lose mental capacity.

If you would like assistance with preparing a durable power of attorney agreement, feel free to contact us at (626) 696-3145.

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