The Durable Power of Attorney - Questions and
Answers
Courtesy of George S. Ingalls, P.A.
The Elder Law Center
Towson, Maryland, USA
- What is the Durable Power of Attorney?
- A written legal document
- Signed by the person making the Durable Power of
Attorney, known as the Principal
- The document must comply with the laws of the
state
- Who can make a Durable Power of Attorney?
- Any person who is competent under the law to sign a
contract can make a Durable Power of Attorney.
- What does a Durable Power of Attorney do?
- A Durable Power of Attorney appoints one or more persons,
known as the Attorney-in-Fact(s), to manage some
or all of the business affairs of the Principal.
For example, the Attorney-in-Fact could pay rent,
mortgages, medical bills, or taxes.
- How long is a Durable Power of Attorney
valid?
- It is valid until revoked by the Principal, or
upon the death of the Principal.
- What happens if a person dies without a
Durable Power of Attorney?
- Nothing! A Durable Power of Attorney is only effective
during the lifetime of the Principal.
- Is there only one type of Durable Power
of Attorney?
- NO!! There are many types of Durable Power of Attorneys.
Make sure that your attorney understands what is to be
included in your document. Remember, there are no "standard"
or "general" forms. The document must be
specific about what powers it grants.
The educational information provided here is
only general in nature and is not intended as a legal opinion.
For specific advice or assistance, please contact a legal
professional.
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