Generally, there are two types of durable powers of attorney: financial and health care.

Durable Power of Attorney – (Financial)

The purpose of a Durable Power of Attorney is for you to grant legal rights and authority to another person, known as the ‘agent’ or ‘attorney-in-fact’.  The attorney-in-fact effectively “stands in your shoes”, acting for you with regard to your financial and legal matters.

A Durable Power of Attorney becomes effective either upon your signature (immediate) or upon your future incapacity (“contingent” or “springing”).  The document is “durable” because it remains in effect even if you become incapacitated.

Under the authority of a valid Durable Power of Attorney, your attorney-in-fact can do whatever you could do.  Depending on how the authority is specified in your Durable Power of Attorney, this can include withdrawing funds from your bank accounts, paying your bills, purchasing and selling property, handling tax and legal matters, among other activities.  Consider carefully the trustworthiness, competence, and availability of this person.  Once appointed, your attorney-in-fact accepts the duty to act loyally according to your wishes and in your best interests.

Do not attempt to change a Durable Power of Attorney by yourself as this may invalidate it. Be sure to consult a lawyer if you wish to modify or update your Durable Power of Attorney.

Durable Power of Attorney for Health Care and “Living Will”/Health Care Directive

The purpose of a Durable Power of Attorney for Health Care is for you to grant legal right and authority to another person, known as the ‘agent’ or ‘attorney-in-fact’.  The attorney-in-fact acts for you with regard to your health care matters.

A Durable Power of Attorney for Health Care becomes effective only upon your future incapacity.  The document is “durable” because it remains in effect even after you become incapacitated. However, should your capacity for decision-making return, your wishes will override those of any attorney-in-fact.

With a Durable Power of Attorney for Health Care, your attorney-in-fact has the authority to make health care decisions for you.  As specified in the document, this can include consenting to or withholding medical treatment, reviewing medical records, and consulting with medical professionals on your behalf.  It is important to consider the trustworthiness, competence, and availability of this person.  Your attorney-in-fact has the duty to act loyally according to your wishes and in your best interests.

A ‘Living Will’ or Health Care Directive is a written statement (often included with the Durable Power of Attorney for Health Care), witnessed by two disinterested persons, that outlines your decisions regarding medical treatment if you are diagnosed with a terminal condition or are in a permanent vegetative state.  The Directive specifies whether such medical treatment as CPR, artificial respiration, hydration, nutrition, and antibiotics are to be administered, withheld, or withdrawn by your medical providers when you are facing end-of-life circumstances.

Do not attempt to change a Durable Power of Attorney for Health Care or Living Will by yourself as this may invalidate it. Be sure to consult a lawyer if you wish to modify or update your Durable Power of Attorney for Health Care or Living Will.