Durable Power of Attorney

A Power of Attorney is a written document stating that one person gives to another the full power and authority to represent him or her. The person who gives the power is the principal, and the person who receives the power is the attorney-in-fact or agent. A Power of Attorney must be signed by both the agent and the principal, witnessed by two people and notarized.

The Durable Power of Attorney is a Power of Attorney that remains effective if the principal becomes mentally incompetent (incapacitated). If you don't specify that you want your Power of Attorney to be durable, your agent's power is no longer effective if you later become incapacitated (mentally incompetent).

LawSmart can help you create your Power of Attorney from the convenience and privacy of your home or office. Just answer a few questions online, and we'll take care of the rest. Just remember to specify that you want your Power of Attorney to be durable while filling out the questionnaire if you don't want your agent to lose his/her appointed powers in the event you become incapacitated.