Durable Power of Attorney

Your Durable Power of Attorney is an important document which can grant very broad powers to your Agent although you can still add limitations if you wish.

The choice of your Agent is most important - make sure you name someone you trust implicitly. Unlike an executor of a Will who will handle your estate after your death, a durable power of attorney empowers someone you trust to make decisions on your behalf even when you become incapacitated. Those powers automatically expire upon your death.

Before completing your free durable power of attorney form, please refer to the Free Power of Attorney Form page for additional information. It can help you decide which power of attorney form is ideally suited for your needs and the legal requirements for the document.

When compiling a durable power of attorney document, you can list a myriad of provisions for which you grant the authority to act. A general power of attorney will typically state; "including but not limited to the following:"

Property transactions

Banking transactions

Claims, litigation and debt

Real estate transactions

Investments

Waiving of rights

Business transactions, partnerships, meetings and the right to vote

Enter into agreements

Stocks, bonds, commodity and share transactions

Insurance and retirement transactions

Tax and retirement matters

In the free durable power of attorney form supplied here we do not list all the powers granted such as the above, but rather make provision for specific limitations or restrictions that you may wish to add. Where we do list specific provisions, it is because they are not automatically granted in some states or countries. (See paragraph 3 in the free form). It remains your choice whether you want to include them or not in your document.

If you appoint a professional such as an attorney or accountant as your Agent, they will most probably be compensated. Paragraph 7 makes provision for payment to your agent. If you appoint your spouse or anyone who is willing to act without payment, simply delete that provision. The same applies to records of accounting as described in paragraph 6 which you can delete or specify different periods of accounting required. You can make any adjustment to this free legal form. Just make sure that the numbers of the paragraphs are still in chronological order.

If you find yourself listing a ton of limitations or restrictions, you should consider making a limited or special power of attorney.

The most important aspect of a durable/general power of attorney is in your choice of Agent due to the broad powers granted therein. Consider the guidelines and legal requirements supplied and then use our free form as sample to compile your document.

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