Note: The Power of Attorney does not need to be filed with the Court. Each person who is made the Attorney-in-Fact/Agent should keep the original of his or her Power of Attorney form in a convenient place so that it can be located easily when needed.
A Durable Power of Attorney is a written document in which a person (the principal) states that they are giving someone else (the agent) the authority to make certain decisions and to act on their behalf. In short, it is someone you choose to make decisions and take action in your place.
What is the difference between a DPOA and POA? A Durable Power of Attorney (DPOA) remains valid even if the principal becomes incapacitated, while a Power of Attorney (POA) ceases to be effective in such situations.
One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agent's activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.
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Durable Power of Attorney: A power of attorney that remains in effect even if the principal becomes incapacitated or unable to make decisions themselves. Without the specification of “durable,” a POA would typically end if the principal becomes incapacitated.
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