Durable Power of Attorney for Financial Matters


A Durable Power of Attorney allows you to appoint a trusted person, known as your agent or attorney-in-fact, to handle authorized financial and legal matters on your behalf.

Depending upon how the document is written, your agent’s authority may take effect immediately or only after a specified event, such as a determination that you are unable to manage your affairs. The authority may be broad or limited and can include managing bank accounts, paying expenses, handling real estate, communicating with financial institutions, addressing taxes, operating a business, or managing other financial and legal matters.

The word “durable” means that the agent’s authority can continue even if you become incapacitated. A Durable Power of Attorney ends upon your death and does not authorize your agent to make health-care decisions. It is especially important for managing property or financial matters that are not controlled by your trust.

Frequently Asked Questions

A Durable Power of Attorney allows you to appoint someone you trust to handle authorized financial and legal matters on your behalf. Depending upon its terms, the document may permit your agent to manage bank accounts, pay expenses, handle real estate, address taxes, operate a business, or communicate with financial institutions.

That depends upon how the document is written. Some powers of attorney become effective immediately, while others become effective only after a specified event, such as a determination that the person is unable to manage their financial affairs. James Legal Group can explain the advantages and limitations of each approach.

No. A Durable Power of Attorney terminates upon your death. After death, authority generally shifts to the successor trustee for trust assets or to the court-appointed personal representative for assets subject to probate.

Not necessarily. Financial and legal authority is generally provided through a Durable Power of Attorney, while medical decision-making authority is provided through an Advance Health Care Directive. You may appoint the same person to both roles or choose different people based upon their abilities and your preferences.