An attorney durable power refers to a legal document that grants a designated individual, often referred to as the attorney-in-fact or agent, the authority to act on behalf of another person, the principal, in making decisions and managing their affairs. This power of attorney remains in effect even if the principal becomes mentally or physically incapacitated, thus rendering it "durable."
The attorney durable power is typically established with the purpose of addressing situations where the principal is unable to make decisions or handle matters due to advanced age, illness, or disability. It grants the attorney-in-fact the power to make healthcare decisions, financial transactions, manage assets, sign legal documents, and perform other necessary tasks in the best interest of the principal. The precise scope of authority can be explicitly defined by the principal within the document, and limitations can also be outlined.
It is crucial for the principal to carefully select a trustworthy and capable attorney-in-fact, ensuring they will act responsibly and in accordance with the principal's wishes. Utilizing an attorney durable power can provide peace of mind, knowing that a reliable individual has been granted the legal authority to act and manage their affairs, especially during times of incapacitation.
Having an attorney durable power in place can help safeguard the interests of the principal, as it allows decisions to be made promptly, avoiding potential delays or conflicts that may arise in the absence of such a document.
