What is a Durable Power of Attorney?


Developing a Power of Attorney file suggests you are picking someone, known as the attorney-in-fact, to represent you in case you are unable to represent yourself because of impairment or incapacitation. The individual you assign will then have the power to make decisions based on your written instructions and your best interest. An advance directive, or health care regulation combines a living will and sturdy power of attorney. Combining both papers right into one is one option, or the files can be formulated separately.

Some instances of using a power of attorney document could include permitting the representative accessibility to safe-deposit box, existing throughout a tax obligation audit, or handling stock transactions. You can assign a full power of attorney or create it so the representative can just take certain actions. When the primary passes away or comes to be unskilled, the power of attorney terminates. The concept can also withdraw the power of attorney whenever he desires.

Types of Power of Attorney

In some cases, a durable power of attorney may be more in line with your requirements. This is a specific type of power of attorney that remains in effect even if the principal becomes incapacitated, as opposed to terminating as would happen with the general power of attorney.  There are two types of durable power of attorney.  The first is an immediate power of attorney meaning it becomes effective immediately upon signing. The second type is a springing power of attorney.  This type of document is set to spring into effect upon meeting certain criteria, such as the principal being incapacitated. The main focus of most power of attorney documents are to handle the management of property or health care directives.

Benefits of a Power of Attorney

Probate-Power-of-Attorney-Denver-ColoradoA durable power of attorney in place can bring about peace of mind to everyone involved.  Having this document in place eliminates the need of a costly and possibly humiliating court process to determine that the principal is incapacitated, and to appoint a caretaker or guardian.  With the durable power of attorney in place, the principal can rest assured knowing his affairs will be in capable hands if he is not able to manage them himself.  It’s never too early to think about planning for these important documents as part of your estate plan.

A durable power of attorney can confer power to make all decisions, or only grant power in limited circumstances. Because the court does not need to become involved once this document is in place, the principal avoids unnecessary cost and stress.

Contact Denver Estate Tax Planning – Edwards today for more information on Durable Power of Attorney questions that you may have.