A durable power of attorney (DPOA) is a legal document that authorizes someone you trust, called an agent or attorney-in-fact, to manage your financial, legal, or medical affairs on your behalf if you become unable to do so yourself due to incapacity or disability. Unlike a general power of attorney, which ends if you become mentally incapacitated, a durable power of attorney remains effective even after you lose mental capacity
. There are two main types of durable powers of attorney:
- Durable power of attorney for finances: Allows your agent to handle financial matters such as managing bank accounts, paying bills, buying or selling property, filing taxes, and applying for government benefits. This type remains valid if you become incapacitated and cannot manage your own finances
- Durable power of attorney for health care: Authorizes your agent to make medical decisions and communicate with health care providers if you are unable to make those decisions yourself. This is separate from a living will and covers any period of incapacity, even if recovery is expected
The "durable" aspect means the power of attorney continues in effect despite your incapacity, until you die, revoke it, or as otherwise specified by law or the document itself
. In summary, a durable power of attorney is a crucial legal tool for planning ahead, ensuring that trusted individuals can manage your affairs without court intervention if you become incapacitated