Calculate your Cash Advance with our Inheritance Calculator

What Is a Durable Power of Attorney? Definition, Uses and Importance.

Jump To Section

Share This

A durable power of attorney (DPOA) is a legal document that allows you to appoint someone else to make decisions on your behalf if you are unable to do so due to illness, injury, or other incapacitation. A durable power of attorney refers to a “power of attorney” that doesn’t come to a halt due to the incapacity of the principal. This means that the durability continues to hold, even when the principal can no longer make decisions or speak for themselves.

A person who becomes disabled or incapacitated can use a durable power of attorney to name another individual to act in their behalf.With a durable power of attorney, a person can make arrangements for their future in terms of medical emergencies and other mental declines. It also helps in ensuring that an individual plans their finances ahead of time.

Having the durable power of attorney documents in place can prevent any uncertainty or confusion amongst family members when a tough decision concerning the principal needs to be made.

When Can A Durable Power Of Attorney (DPOA) Be Used?

Here are some ways a durable power of attorney can be used:

Managing your financial affairs:

A DPOA can give the person you appoint the authority to manage your financial affairs, including paying bills, collecting and managing income, and making investments on your behalf. This can be particularly useful if you are unable to manage your own finances due to physical or cognitive limitations.

Making healthcare decisions:

A DPOA can give the person you appoint the authority to make healthcare decisions on your behalf, including deciding what medical treatments you should receive and consenting to or refusing medical procedures. This can be important if you are unable to make your own healthcare decisions due to illness or injury.

A durable power of attorney legal document that allows an individual to designate another person, in their absence or inability for whatever reason (illness), who has the power and right on behalf of them with regard to healthcare decisions.

You are well within your rights to tell your physician the type of medical treatment you want for yourself. This means that if you have a special wish regarding your healthcare, you can apply for a Durable Power of Attorney for Health Care.

This legal document will ensure that all your wishes are respected, even if you’re not in the right mental or physical state to communicate your wishes to your doctor.

Managing your property:

A DPOA can give the person you appoint the authority to manage your property, including making repairs, paying taxes, and selling or transferring property. This can be helpful if you are unable to physically manage your property or if you are unable to make decisions about it due to incapacitation.

Making legal decisions:

A DPOA can give the person you appoint the authority to make legal decisions on your behalf, including signing contracts and suing or defending legal actions. This can be useful if you are unable to handle your own legal affairs due to illness or injury.

Dealing with government agencies:

A DPOA can give the person you appoint the authority to deal with government agencies on your behalf, including applying for benefits or representing you in legal proceedings. This can be helpful if you are unable to communicate or advocate for yourself due to illness or injury.

How Should You Choose A Durable Power Of Attorney?

It is important to choose the person you appoint as your DPOA carefully, as they will have significant decision-making power on your behalf. It is also a good idea to discuss your wishes and preferences with the person you appoint, so they can make decisions that align with your values and goals.

« Back to Glossary Index
Search for more common probate terms
Search

Get Your Inheritance Money Now!

Our Inheritance Cash Advances help heirs receive a portion of their inheritance payout in just a few days. We then wait and are paid directly out of your share when the estate finally closes. We wait for probate so that you don’t have to. Click below and fill out our short form to receive an advance immediately.

Probate Costs
Other Probate Terms You Might Be Interested In
Probate Sale

A probate sale is the sale of a deceased person’s property in cases where they died without leaving a will allocating the property to a

Read More »
Heir

An heir is a person entitled to inherit the property of a decedent. An heir is a person who inherits or expects to inherit property

Read More »
Statutory Will

Statutory wills follow the standard language contained in a state wills statute. Some states have a template and format for their wills and they can

Read More »
Pecuniary

Being in charge of managing a company’s finances is an important responsibility. It affects how much money employees will be able to take home every

Read More »
Marital exemption

A tax provision that allows an unlimited amount of property of one spouse to transfer to the other upon death without incurring estate or gift

Read More »
Blocked Account

A blocked account in probate refers to cash or securities that are placed in a bank subject to withdrawal upon court order. A blocked account

Read More »

Fill Out The Form & Get An Immediate Quote!

Choose Your Total Estate Value

$

TIP: deduct loans, administrative fees, legal fees and all other expenses

$

Select from 1% to 100%

%

Estimated Advance Amount

$0