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Durable Power Of Attorney

A durable power of attorney is a special type of power of attorney that only goes into effect if the grantor becomes incapacitated. It is an important part of an advance medical directive and the estate planning process. With a durable power of attorney in place the state and or relatives cannot step in and make decisions that the individual might not want to be made. Some people call a durable power of attorney a health care power of attorney and empower someone they know and trust to carry out their medical wishes should the need to do so arise. Typically the person chosen will know what those wishes are or will have them written down to refer to in the event they are called up to act as durable power of attorney.

Fast Facts

  • Durable powers of attorney replace the need for the court to appoint a guardian in situations of incapacitation.
  • Certain powers cannot be passed to a durable power of attorney, including the power to make or change a will; alter insurance beneficiaries, enter into marriage on the other person's behalf or vote for them.

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