General Durable Power of Attorney
- A general durable power of attorney designates an agent to deal with all of your financial affairs.
- The durability provision in this type of instrument means that it remains in effect if you become incapacitated. A power of attorney--general or specific--that is not durable is no longer in effect if you become incapacitated.
- The benefit of this type of power of attorney is that you designate a trusted and capable person to tend to your financial affairs. Moreover, you have the comfort of knowing the agent keeps acting on your behalf even if you become incapacitated.
- Even though you designated an agent to deal with your financial affairs, you must maintain oversight. You need to have a system of checks and balances in place to ensure the agent does act only on your behalf.
- A common misconception is that a general durable power of attorney encompasses authority to deal with your health care decisions. The fact is that only a specific durable power of attorney for health care grants this type of authority.