Originally posted 12/12/2017 and revised 2/15/2022
Did you know what makes a durable power of attorney “durable”? Powers of attorney fall into two general categories: powers of attorney and durable powers of attorney. If you execute a non-durable power of attorney, your attorney-in-fact (the person you designate to act for you) can act on your behalf only when you have the capacity to take that action yourself. An attorney-in-fact under a durable power of attorney can take those actions even when you are incapacitated.
We use durable powers of attorney for estate planning so that your attorney-in-fact can make financial and health care decisions for you when you can’t. Regular powers of attorney are used in a number of other situations when you just need someone to sign specific documents for you, such as closing documents when you buy or sell a house if you are going to be out of town during closing.