Durable Power Of Attorney Hide Cross For Free

A power of attorney (POA) authorizes someone else to handle certain matters, such as finances or health care, on your behalf. If a power of attorney is durable, it remains in effect if you become incapacitated for any reason, including illness and accidents.

A durable power of attorney is one that either takes effect upon or lasts after the principal's incapacitation. This is different from a general power of attorney, which would terminate at this point.

Ends with Your Death ? In the event of your death, a durable power of attorney will no longer be valid. This document is not a replacement for the last will and testament or trust. It Can be Revoked or Not Honored at Any Time ? Due to the lack of court oversight, not everyone honors a durable power of attorney.

The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.

Does a POA Have Legal Liability? Legal liability for a power of attorney agent is limited. The agent will only be held responsible in cases of intentional misconduct. An agent will not be legally responsible if he or she does something wrong without knowing it.

You can revoke (cancel) your power of attorney document at any time with a written notice to your agent. A sample "Notice of Revocation" is included in this packet.

Three Key Disadvantages: One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agent's activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.