A durable power of attorney is one that stays in effect even if you become incapacitated or legally incompetent. Like any power of attorney, it is a written authorization for another person to carry out certain acts or tasks on your behalf.

A durable power of attorney can go into effect immediately or only if you become incapacitated. It can authorize your agent (“attorney in fact”) to handle a wide range of financial matters and also to make health care decisions for you, or it can be limited to only specific situations.

In order for your attorney in fact to be authorized to make medical decision for you, your durable power of attorney should include health care powers.

Having a durable power of attorney can avoid many problems, including the necessity of a guardianship proceeding, thus saving considerable expense.

There are many choices you should make before signing a durable power of attorney form. If you fail to take adequate consideration, your grant of authority might be abused, or it might not be sufficient to allow your AIF to do what you wanted.

Some of the types of considerations you should think about include: is my proposed agent responsible and reliable? Will s/he balance the checkbook and get the bills paid on time? Can I trust him/her? Is the person I am thinking of likely to be able to do the job many years in the future? Do I want the same person to make medical decisions and financial decisions for me? Will my attorney in fact manage my affairs to keep me in my own home as long as possible, or do I want to live in an assisted living facility if I am disabled? Should my agent have the power to sell my home (or other real estate)? These are questions you should discuss with a competent lawyer.

Peter L. Fels, P.C. can draft documents that meet your needs. Call us for a consultation or an appointment to prepare a durable power of attorney for you.

For more information go to Washington Law Help, click on the Aging/Elder Law tab and then on the “Questions and Answers on Powers of Attorney” tab.