Power of Attorney

A power of attorney declaration is a document that gives someone you choose the power to make decisions on your behalf. It’s often used for decisions such as taking or transferring ownership of a house or car, making limited medical decisions, or for taking care of pets, safe deposit boxes, mail boxes, etc. There are two types of powers of attorney: a regular power of attorney and a durable power of attorney.

A regular power of attorney is primarily a way to allow someone else to sign legal documents for you. If you become unable to make decisions for yourself or die, though, you’ll need what’s called a durable power of attorney instead.

A durable power of attorney remains in effect even if you become mentally incapacitated and grants the power to make financial and medical decisions, including about limited medical procedures. But it should NOT grant the power to make decisions about life-sustaining procedures. That is strictly reserved for living wills. A durable power of attorney designation ends when the person who grants the power dies (with limited exceptions).