Durable Power of Attorney Law

Durable Power of Attorney

What is Durable Power of Attorney?

A durable power of attorney (DPA) is a legal document giving a trusted individual the rights to make legal and/or financial decisions for another person. Someone may wish to appoint a durable power of attorney if he or she cannot or will not be able to handle such decisions and matters on his or her own. It is typically used when a person in incapacitated or otherwise unable to manage one's own affairs.

A durable power of attorney can be a person's lawyer, friend or relative. The power may become immediately active or it may not become active until the person loses the ability to make decisions for him or herself. The power of attorney is considered "durable" because it stays in place after the person loses mental capacity. The appointed person will then have the full authority and responsibility to take care of such matters as:

  • Buying or selling your real estate
  • Managing assets and properties
  • Gifting on your behalf
  • Managing or making your investments
  • Handling tax and retirement issues
  • Managing your bank accounts
  • Making legal claims or settling legal claims

Durable Power of Attorney Lawyers

Choosing the right person to trust as your durable power of attorney is important, as they will be conducting your most important affairs. Consulting a wills and estate planning lawyer can greatly help you in all matters pertaining to a durable power of attorney. A lawyer will help ensure you are making the right decision, and will give you proper advice about which powers are appropriate and delegated.

The person you appoint to hold this power (your "agent") may begin assisting you as soon as the power of attorney is signed. As long as you still have the capacity to make informed decisions, you can direct and monitor your agent to ensure he or she is carrying out all tasks the way you want. Should you feel your agent is misusing the power or otherwise is not the right candidate, a lawyer can help you revoke the durable power of attorney.

Once you lose the ability to make informed decisions for yourself, a lawyer can ensure your chosen agent is fulfilling their legal responsibilities and executing your durable power of attorney correctly. A wills and estate planning lawyer will help counsel your agent to ensure he or she is meeting all legal requirements and obligations.

Lawyer Referral Service

Consulting a wills and estate planning lawyer is recommended if you need assistance with any durable power of attorney issues. Attorney Search Network will refer you to a qualified lawyer in your area that can give you counsel and advice. If your appointed agent is failing to meet the obligations of your power of attorney document, our lawyers can advise you on the best course of action.

If you have any questions about the information provided above, please contact us. Call Attorney Search Network toll free at (800) 215-1190 or fill out out online form for your Durable Power of Attorney lawyer referral.


If you have any questions about the information provided above, please contact Attorney Search Network.

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