Massachusetts General Power of Attorney with No Durability Provision - Short Form
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How to fill out General Power Of Attorney With No Durability Provision - Short Form?
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FAQ
When you give someone durable power of attorney (DPOA), they maintain their role even in the event of your incapacitation. Durable power of attorney is an important tool in estate planning. If you're unable to make end-of-life decisions, the individual you choose can make decisions on your behalf.
We recommend having a durable power of attorney for health care (aka an Advance Health Care Directive), a durable financial power of attorney, and a revocable living trust to ensure optimal management of your health as well as your assets. If you are not sure what you need, try taking our estate planning quiz.
When a power of attorney is ?durable,? it means your agent's authority to act on your behalf continues even if you become incapacitated. Durable POAs are often used to prepare for a situation when important decisions need to be made, but you can't make them yourself.
In the case of a durable power of attorney, the agent is generally authorized to act once you sign the document and can continue to act when and if you become incapacitated. The term "durable" refers to the document surviving the your incapacity.
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.
With a non-durable POA, your agent's authority ends as soon as you become incapacitated. If you have a durable POA, your agent can continue to make decisions for you even after you become unable to make them yourself.
However, a general power of attorney only operates while you are still coherent and mentally capable. It automatically expires upon incapacity or death. A durable power of attorney remains operational upon incapacity, although it expires upon death.
The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.
