Durable Power of Attorney Documents
Among the differing types of power of attorney documents that can be created between two parties, durable power of attorney is often the most powerful. A durable power of attorney document is actually a general power of attorney document (like a healthcare power of attorney) that contains a special "durability" provision.
If the grantor (the person assigning someone else to take care of the legal or formal aspects of their lives for any reason) were to become physically incapacitated or mentally incompetent while the agent (the person that has agreed to take care of their affairs) has a power of attorney document that is in effect, the provision of durability allows the agreement to stay in effect.
A wise and effective use of durable power of attorney documents would be to prepare a healthcare power of attorney document for the possibility that you might become physically incapacitated or mentally incompetent due to an accident or chance of serious illness (like beginning chemotherapy or traveling to a harsh climate for instance). In this event, you might specify that in the power of attorney documents would only go into effect if a doctor were to certify that you are mentally or physically incapacitated.
What many people do not understand about power of attorney documents is that you do not have to choose a lawyer to be your agent. In fact a lawyer does not even have to be present at signing or execution of the document (only a registered notary does). It is worth noting however that the person you select to act on your behalf is a person that you trust implicitly.
The friend, relative, or even business that you select to be your agent will have the power to act on your behalf regarding your health care (such as a healthcare power of attorney document) or financial decisions. As suggested by Power of Attorney Form Florida You must choose an agent who will not abuse the powers you formally grant them and will act in your best interests.
A durable power of attorney agent is only held responsible for intentional misconduct, not for bad decisions. There is often no financial or other form of reward for acting as an agent on your behalf to stem misconduct and since you are often associated with the agent in some personal fashion this is rarely the case. A healthcare power of attorney can make decisions regarding your life extending procedures while at the same time have no decision making powers over your financial arrangements. An estate power of attorney can access all of your personal and business accounts (even your safe deposit box) on your behalf and yet have no say over your well being.
In all instances (with exception of the healthcare power of attorney) of the power of attorney documents between two parties, the arrangement becomes nullified in the event of the grantor's incapacitation. The purpose of the durable power of attorney is to allow the agent to continue to make legal decisions on the grantor's behalf up to the grantor's death.
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