Durable Power of Attorney


Overview
The Durable Power of Attorney allows a person (the "grantor") to authorize someone else to act on the grantor's behalf.  A power of attorney is "durable" if it continues in effect even if the grantor becomes disabled.
A power of attorney is a special kind of document that creates a legal relationship between the individual grantor and a person appointed to act on the grantor's behalf. 
The person appointed becomes the agent of the grantor, and is sometimes called the "attorney" or the "attorney-in-fact."  "Attorney" as used here does not mean a lawyer as almost anyone can act as an attorney under a power of attorney.
The law in most all states now permits a person to grant "durable powers," which remain in effect even following the grantor's legal disability as most states have enacted the Uniform Durable Power of Attorney Act, on which this Durable Power of Attorney is modeled.  Georgia and Louisiana have not enacted the uniform law, but do recognize and enforce this type of document. 
Not all states permit durable powers for all of the same purposes.  For example, some states place limits on durable powers for making health care decisions. Durable power rules and restrictions also arise from court decisions.
Before finalizing a durable power of attorney, it is recommended that you consult with a lawyer to make sure that your durable power is effective in the state where you live.

When You Need It
-When you need to appoint someone to act with legal authority on your behalf.
-To have a document that shows the authority your agent has to act on your behalf under certain circumstances.

Getting Started

You will need:
-The name and address of the person being granted the power to act on behalf of the Grantor.
-The name and address of the Grantor.
-To carefully review the powers granted in this document and make any changes necessary to fit your particular situation.

When to Review and Revise 
-If you lose confidence or trust in the ability of your "attorney" to perform the tasks given to him or her.
-If your attorney dies or becomes incapacitated in some manner.
-If you wish to change or revoke the powers granted.  To revoke a Durable Power of Attorney, use the Notice of Revocation of Power of Attorney found in this program.

 

-More information is available regarding this document by clicking here.