Create Your Durable Power of Attorney

A Durable Power of Attorney (DPOA) is a legal document where one person (the Principal) grants another person (the Agent or Attorney-in-Fact) broad authority to act on their behalf in financial, legal, and personal matters — with the critical addition that this authority SURVIVES the Principal's incapacity. The document includes the statutory durability language required by UPOAA § 104 and equivalent state statutes (Cal. Prob. Code § 4124; NY Gen. Oblig. Law § 5-1501A; FL Stat. § 709.2104): "This Power of Attorney shall not be affected by the subsequent disability or incapacity of the Principal." Without this clause, a POA terminates automatically when the Principal becomes incapacitated at common law (Restatement (Third) of Agency § 3.08).

The critical difference is durability. At common law a General POA terminates the moment the Principal becomes incapacitated (Restatement (Third) of Agency § 3.08). A Durable POA includes the UPOAA § 104 durability clause, ensuring it survives incapacity. In the 31 UPOAA states plus DC, all POAs are now presumed durable unless expressly stated otherwise — but this form includes the explicit clause for every state. If your primary concern is planning for potential incapacity (aging, surgery, chronic illness, dementia), a Durable POA is essential. Most estate planning attorneys consider a Durable POA far more useful than a General POA.

Under UPOAA § 109, you choose: (1) Immediately — the POA takes effect at signing and continues through any future incapacity. Recommended. (2) On a specific date. (3) Upon incapacity (springing) — the POA only activates when the Principal becomes incapacitated, as determined under UPOAA § 109(b) by the method you select (physician, two physicians, or court). Most estate planners recommend immediate effectiveness — springing POAs can create practical delays because financial institutions may exercise their UPOAA § 119 right to request certification and medical proof before accepting the document.

Yes — but only while you are competent. Under UPOAA § 110(a)(1), the Principal can revoke a Durable POA at any time by providing written notice to the Agent. You should also notify banks, institutions, and third parties that received copies. If the POA was recorded, record the revocation too. Under UPOAA § 110(c), once the Principal is incapacitated, revocation by the Principal is no longer possible — which is why choosing a trustworthy Agent is the most important decision in this process. A court can still terminate an abusive POA under UPOAA § 116.

Generally, no. A Durable (financial) POA covers financial, legal, and personal property matters under UPOAA §§ 201–217. Healthcare decisions — medical treatment, end-of-life care, organ donation — require a separate Healthcare Power of Attorney (also called a Medical POA or Advance Healthcare Directive) governed by state health-care decisions acts and the Uniform Health-Care Decisions Act. This form does include optional HIPAA authorization under 45 C.F.R. § 164.502(a), which allows your Agent to access medical records for financial and insurance purposes (filing claims, managing medical bills), but this is NOT the same as healthcare decision-making authority. We recommend creating both documents.

New York (Gen. Oblig. Law § 5-1514) and Pennsylvania (20 Pa. C.S. § 5601.3) both require the Agent to sign a separate acknowledgment before exercising authority. The acknowledgment confirms the Agent understands the fiduciary duties imposed by UPOAA § 114 (loyalty, care, record-keeping, acting within scope) and accepts the appointment. In Pennsylvania, the document must additionally include a statutory Notice block at the top of the POA explaining the scope of powers being granted (20 Pa. C.S. § 5601(c)). This form automatically includes the correct acknowledgment and Notice block when you select NY or PA.