What is a power of attorney and what makes it durable?
QUESTION: I recently retired, and my children and friends keep telling me that I need to create various documents — like a “power of attorney,” or some people tell me a “durable power of attorney.” What’s the difference between the two? And will these two documents be enough to ensure that someone takes care of both my finances and my medical decisions if I get so sick that I can’t take care of things myself? ANSWER: A power of attorney is a legal document you can use to give someone else the authority to take specific actions on your behalf, such as signing your checks to pay your bills or selling a particular piece of real estate for you. If a power of attorney is durable, it remains valid and in effect even if you become incapacitated and unable to make decisions for yourself. If a power of attorney document does not explicitly say that the power is durable, it ends if you become incapacitated. But wait. There is more. There are two kinds of durable powers of attorney: a durable po
