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The Law and You
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Durable Power of Attorney

by KYW's Amy  Feldman

The phrase “durable power of attorney" evokes images of a caped attorney cum superhero who swoops in and saves the day. In fact, it is a document that may be more powerful than a locomotive in preventing healthcare headaches.

A power of attorney form gives power to one person to act as the agent for another.  The document is called "durable" if the power of your agent to make decisions survives should you become incapacitated or unable to make decisions. 

The two basic types of power of attorney are financial and health care and they are what you'd expect:  the Financial Power allows someone to delegate financial decision-making and bill-paying.  The Health Care power names an individual to make medical treatment decisions and arrangements for your care at hospitals or nursing homes.

There are forms for sale that help you create the document, or see an actual attorney to help you craft one.  Make sure to take into account your state law that, once created, you sign the document in front of witnesses and have it notarized.  Some states require the form to be filed with the register of deeds.  Know the requirements in order to create a document of steel.


 
 
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