Free Durable Power of Attorney Form

Our free Durable Power of Attorney template can assist you
with planning ahead and making sure that your chosen person acts on your behalf should you become incapacitated and furthermore, that this person acts according to your wishes.

The legal template provided here is to empower your agent to act on your behalf in general, property and financial matters. You need to specifically state that it is a "durable POA" so it will remain in effect and endure even if you become incapacitated.

hands and pen signing a document

The person appointed as your agent in a general power of attorney does not have the right to speak on your behalf in medical matters, unless it is your legally married spouse. A separate and specific Medical Power of Attorney must be completed for health care and welfare matters if you wish to appoint anyone other than your spouse in an advance health directive.

Note: If you issue a Power of Attorney, (even a durable or lasting POA) it always expires upon your death. Thereafter the person named as Executor in your Last Will and Testament becomes the appointed Agent.

One more thing before you start creating your document!

You need to take a bit of time and review important information that is specifically relevant to a durable or enduring POA:

What are the legal requirements for your document?
Who can act as your Agent/Attorney and how must decisions be made?
What is the correct term and format for this document in your jurisdiction?
What are the requirements for a Lasting Power of Attorney in the UK?

Answers to the above and many other frequently asked questions as well as extensive legal guidelines to complete your free durable power of attorney form can be found by following the links from our Power of Attorney Main Page

General Durable Power of Attorney

I, the undersigned

(Full legal names) ______________________________

(Identity / Social Security number) ______________________________ residing at

appoint

(Full legal names) ________________________________

(Identity / Social Security number) ______________________________ residing at

AND

(Full legal names) ________________________________

(Identity / Social Security number) ______________________________ residing at

as my Attorneys-in-Fact (Agents) with the power of delegation and substitution and I give my agents the authority to act jointly and severally.

If an Agent is unable or unwilling to serve for any reason, I designate

(Full legal names) ________________________________

(Identity / Social Security number) ______________________________ residing at

________________________________________ as first substitute Agent and

(Full legal names) ________________________________

(Identity / Social Security number) ______________________________ residing at

________________________________________ as second substitute Agent.

1. I hereby revoke any and all previous powers of attorney signed by me except for my Power of Attorney for Health Care which shall remain in force.

2. This document shall be construed and interpreted as a general durable power of attorney and my Agents shall have full authority to act on my behalf in relation to all my property and affairs.

2. This document shall be construed and interpreted as a durable power of attorney and my Agents shall have full authority to act on my behalf in relation to my property and affairs, save for the following conditions and restrictions:

2.1. _____________________

2.2. _____________________

3. I furthermore grant my Agents the authority to:

3.1. Make gifts within gift tax limits except to themselves.

3.2. Execute, amend or revoke any trust agreement.

3.3. Exercise the right to make a disclaimer on my behalf.

4. I indemnify and hold harmless my Agents from any loss that results from an error made in good faith save for willful misconduct or the willful failure to act in good faith.

5. I indemnify any third party from any claims which may arise against the third party because of reliance on this power of attorney.

6. My Agents shall provide accurate records on a monthly basis of all transactions completed on my behalf and shall provide accounting records on a six-monthly basis.

6.1. If I am unable to review the records and accounting, they must be submitted to:

(Full legal names) ________________________________

(Identity / Social Security number) ______________________________ residing at

7. My Agents shall be entitled to compensation for their services at a rate as set out by law and for reimbursement of all reasonable expenses in their duties as my Agents.

7. My Agents shall each be paid from my funds the sums of $500 on the first day of every month for the duration of their duties as agents.

8. This is a Durable Power of Attorney. Even if I should become disabled or incompetent, it shall remain effective until my death. This Power of Attorney may be revoked by me at any time by providing written notice to my Agents and interested third parties.

Executed this ______ day of __________________20 ____

at ______________________________________

Signature: ________________________________

in the presence of the undersigned witnesses:

Witness 1.

Name: ______________________

Address: _____________________________________________

Signature: ________________________

Witness 2.

Name: ______________________

Address: _____________________________________________

Signature: ________________________

Acknowledgement

This document was acknowledged before me on this ______day of ____________________20__ by ________________________(Principal's Full legal names)

Signature of Notary Public ______________________

Full legal Names ______________________________

My commission expires ________________________

State of ________________________

County of ______________________

* * *

General Durable Power of Attorney - Print As Is, or you can download and edit as a fillable PDF or Word template by following the links below:

Notes and alternate or additional clauses to consider for your free Durable Power of Attorney:

joined hands

In our template above we've made provision for more than one Attorney to be appointed and directed that decisions can be made jointly and severally.

It is important to note that if you specify that decisions must be made jointly and one Attorney cannot serve anymore (for whatever reason) the other "joined" Attorney can no longer serve either since he/she may not act severally i.e. independently. So both of them will have to be replaced by your nominated substitutes.

You could consider a combination: E.g. When selling my vintage car collection, my attorneys must make the decision jointly but all other decisions can be made jointly and severally.

Apart from the restrictions that we've made provision for, e.g. Your Agents must never sell a certain property unless ... or must not lend money to your estranged brother etc., you can also add guidelines.

Guidelines are not legally binding upon your Agents but are there to assist them in managing your affairs. E.g. whom to consult when selling your vintage cars etc.

Non-professionals acting as your Agents may not qualify for professional fees in your jurisdiction (i.e. they may only claim out of pocket expenses on your behalf) unless you specify otherwise as per #7 in our sample document - adjust the amount and frequency as you wish.

Most Importantly: If you are not totally confident that you understand all aspects of this free durable power of attorney form, you must consult with legal counsel.