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Simple English definitions for legal terms
durable power of attorney
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A quick definition of durable power of attorney:
A durable power of attorney is a legal document that allows someone else to make decisions for you if you are unable to make them yourself. It stays in effect even if you become sick or unable to make decisions. This is different from a non-durable power of attorney, which ends if you become unable to make decisions. The rules for power of attorney can be different in different states.
A more thorough explanation:
A durable power of attorney is a legal document that allows someone to make decisions on behalf of another person, called the principal. This power of attorney remains in effect until the principal dies or revokes the document. The term "durable" means that the power of attorney remains valid even if the principal becomes incapacitated and unable to make decisions.
For example, if an elderly person appoints their adult child as their durable power of attorney and then becomes unable to make decisions due to dementia, the adult child can continue to make decisions on their behalf.
It is important to note that a non-durable power of attorney, which does not have a durability provision, ends if the principal becomes incapacitated. This is why it is important to explicitly state the durability of the power of attorney in the document.
Specific power of attorney laws vary by state, so it is important to consult with a legal professional when creating a durable power of attorney.