Durable Power of Attorney

The durable power of attorney gives you the right to designate somebody to handle your affairs if you ever become incapacitated, although it can be used at any time. The durable power of attorney enables you to choose a person who will be able to step in and take care of your financial affairs. Without a durable power of attorney, no one can represent you unless a court appoints a conservator or guardian.

A power of attorney may be limited or general:

• A limited power of attorney may give someone the right to sign a deed to property on a day when you are out of town. Or it may allow someone to sign checks for you.
• A durable general power is comprehensive and gives the agent as much right to deal with your assets and property as you could yourself.

Because of the susceptibility to abuse, you should not give a power-of-attorney to anyone that you do not trust implicitly. While it is possible to have joint powers of attorney, they are difficult in practice because the two individuals must work in tandem. So long as you have someone you can trust to act in your best interests, the power of Attorney is a much better alternative to a guardianship. In the event that you are incapacitated and the Power of Attorney is needed, the agent can get his for her hands on it and begin using it to pay your bills, sell or lease your home and manage your affairs.