» Durable Powers of Attorney

Durable Powers of Attorney

Durable powers of attorney, often shortened to just “power of attorney”, is a written authorization to allow an individual to act for someone else to handle legal matters, business, or private issues, and at times, those issues may involve medical decisions.

The person who gives another the authority to act for them is called the grantor. The person who will act on his or her behalf is called an agent, and in some cases, may be an attorney. The main point of a power of attorney is that someone has the ability to make decisions on behalf of a person who may no longer be able to make decisions for himself or herself.

In common law, a power of attorney may no longer be in effect should the grantor die or become unable to make any decisions for himself or herself due to a mental illness or physical injury, unless the power of attorney is completely clear that it is to continue, even if the grantor becomes unable to make his or her own decisions any longer. This is an enduring power of attorney. Under this, the agent is empowered to make decisions for the grantor until the grantor dies.