A durable power of attorney is a simple and reliable way to arrange for someone to take care of your finances of health care decisions in the event that you cannot do it yourself. Once you create a durable power of attorney, you basically just give someone else the authority to act on your behalf – your attorney-in-fact (or agent). Though, the person who acts as your agent absolutely does not have to be an attorney. One type of power of attorney gives power to your agent to act immediately, while a different type only hands over the power when a doctor declares that you can no longer act on your own behalf. A durable power of attorney is the best way to keep your family out of court in the event that you become incapacitated, in which case a judge will have to decide who will act as your attorney-in-fact. Durable power of attorney ends at your death.
To create a durable power of attorney, you need only complete and sign a power of attorney form, which are only a few pages long and, which can be retrieved on any legal form website (Legal Forms) or from your state. You need only then sign it in front of a notary and, in some states, have a witness sing as well.