return to home page 5 COMMON QUESTIONS
DURABLE POWER OF ATTORNEY
1. What is the Significance of the Word "Durable"?
A Power of Attorney is a document which evidences your consent that another person act on your behalf relative to specific financial and legal matters. If you are lacking the ability to give that consent because you are under some type of disability (i.e. not conscious), the power could not exist. Periods of disability are often when such a power is most needed. As a result, the legislatures of all states have enacted statutes to allow persons to execute a "durable" power of attorney which, when properly drafted and executed, will not terminate in the event of a disability.
2. What is the Extent of the Power Which Can be Given?
The person appointed as the "attorney" under a Power of Attorney has whatever power is specifically granted to him/her in the document. It can be for a specific purpose limited both in scope of activity and in time or it can cover all business dealings and extend until the death of the person granting the authority.
3. Must the Power of Attorney be Notarized or Witnessed?
The power to act for you must be granted with at least the same degree of formality as the actions to be taken. For example, if you appoint someone to sign a Deed for you, and the deed must be notarized, your signature on the power of attorney must be notarized.
4. If the Document Doesn't Have a Termination Date, What Happens?
Unless you terminate it by formal revocation, it will terminate only upon your death.
5. Can I Have Several Powers of Attorney for Different Matters?
Yes, each document can address a particular matter and provide authority to a an individual for that purpose. If multiple documents are used, each should be explicit as to its purpose and the extent of the authority granted.