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Can I name a Durable Power of Attorney that is effective though I am still able to handle my own?

Can I name a Durable Power of Attorney that is effective though I am still able to handle my own?

Q: What does 'durable' mean on a power of attorney?

'Durable' in the context of a power of attorney means that the authority granted to the agent continues even if the principal becomes incapacitated. This ensures that the agent can still act on behalf of the principal when they are unable to manage their own affairs, providing peace of mind for long-term planning.

Full question:

I am still able to handle my own affairs but I would like someone to be my Durable Power of Attorney to run my affairs for me. Can I name someone as my Durable Power of Attorney that is effective though I am still able to handle my own affairs?

Category: Power of Attorney
Subcategory: Health Care Declaration
Date: 04/07/2025
State: National

Answer:

You can name someone a Durable Power of Attorney that is presently effective, but it should only be given to someone you can really trust. The person you name will be given a lot of authority, which can be abused even though they are to act in your best interest and follow your instructions.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

When should a person execute a durable power of attorney?

A person should consider executing a durable power of attorney when they want to ensure that someone can manage their financial or medical affairs in case they become incapacitated. It's also wise to establish one while you are still capable of making decisions, allowing you to choose a trusted individual and outline specific instructions.

What is the difference between durable and normal power of attorney?

The main difference between durable and normal power of attorney is that a durable power of attorney remains effective even if the principal becomes incapacitated. In contrast, a normal power of attorney becomes invalid if the principal can no longer make decisions. This makes durable power of attorney a more secure option for long-term planning.

What are the disadvantages of a durable power of attorney?

One disadvantage of a durable power of attorney is that it grants significant authority to the agent, which can lead to potential misuse if the agent is not trustworthy. Additionally, if the principal's circumstances change, revoking the power of attorney can be complicated. It's essential to choose your agent carefully and regularly review your decision.