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SPECIAL DURABLE POWER OF ATTORNEY FOR BANK ACCOUNT MATTERS NOTICE TO PERSON EXECUTING DURABLE POWER OF ATTORNEY: A DURABLE POWER OF ATTORNEY IS AN IMPORTANT LEGAL DOCUMENT. BY SIGNING THE DURABLE
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The word durable" means that the power of attorney continues to be effective after the principal becomes mentally incompetent. Being mentally incompetent means that the person lacks the mental ability to make informed decisions, or is incapable of communicating those decisions.
In case you ever become mentally incapacitated, you'll need what are known as "durable" powers of attorney for medical care and finances. A durable power of attorney simply means that the document stays in effect if you become incapacitated and unable to handle matters on your own.
A person giving a Durable Power of Attorney can make it very broad or can limit the Durable Power of Attorney to certain acts. It can be used to give another person the authority to make health care decisions, do financial transactions, or sign legal documents that the Principal cannot do for one reason or another.
A Durable Power of Attorney for Health Care allows you to appoint a person or persons to make health care decisions if you cannot act for yourself. A Durable Power of Attorney for Health Care is broader because it can apply to any condition you may have or treatment you may need.
A durable POA begins when it is signed but stays in effect for a lifetime unless you initiate the cancelation. Words in the document should specify that your agent's power should stay in effect even if you become incapacitated. Durable POAs are popular because the agent can manage affairs easily and inexpensively.
A Durable Power of Attorney is one of the most important documents anyone can have in place in the event they are unable to care for themselves. A Durable Power of Attorney acts as a permission slip, giving authority to a third party to do things on behalf of someone else who cannot do it for themselves.
Unless a general power of attorney has a specific expiration date, or the principal revokes it in writing, or an event occurs that terminates it under the law, it should remain in effect until the death of the principal.
A Durable Power of Attorney The durable power of attorney is invoked when the principal can no longer act in his or her own best interests or properly conduct legal and financial affairs in a reasonable day-to-day manner. This type of power of attorney only expires upon the death of the individual.
If you create a general power of attorney and set no date for which it will expire, it will last until you die or become incapacitated. You can get around the problem of having it lapse upon incapacitation by creating a durable power of attorney.
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