General Durable Power of Attorney

Powers of Attorney can become effective immediately or can stay dormant until you become incapacitated. You can name one or more agents or a succession of agents. You can request that any agent you have named act solely or together. The decision is yours. The typical powers that are covered in our documents include personal financial decisions, business operations, real estate transactions, farming operations and more.

The term "Durable" means that the power of attorney continues in effect in the event of your incapacity. If it does not say so, then a power of attorney terminates in the event you are determined to be incapacitated.

A common misconception about this document is that it will be effective after death. This is false. Your agent’s power ceases at your death. Durable Power of Attorney authorizations are only effective while the incapacitated person is living.

Certain authority must be stated specifically or the agent does not have the ability to perform it. An example of this would be granting authority to create or fund a trust, sell or convey your home, or have authority to make gifts. All Powers of Attorney are not created equal. What the document says is important. It is not unusual to find a situation where a client has a power of attorney that does not grant the needed authority.