What is a durable power of attorney?

A durable power of attorney (DPOA) is a legal document that grants another person the authority to act on behalf of someone else. In North Carolina, a durable power of attorney is usually used in situations where an individual is unable to manage their own affairs due to incapacity, age, or illness. The DPOA is considered durable because the power granted in the document can still be used and remain in effect even after the individual granting the power is incapacitated or no longer exists. The person granted authority is known as the “attorney-in-fact” or the “agent”. Under a DPOA, the attorney-in-fact is given broad authority to manage the principal’s affairs which includes, but is not limited to, making medical decisions, paying bills, transferring assets, and handling financial and legal matters. This authority is not limited to a specific list of actions and it is important to note that the attorney-in-fact does not have the authority to make decisions that could be considered contrary to the principal’s wishes or best interests. It is important to understand that a DPOA is not the same as a will. A will is used to determine the distribution of assets after an individual passes away while a DPOA is used to determine how those assets are managed while the individual is still living. If you are considering creating a durable power of attorney in North Carolina, it is important to seek the advice of a qualified attorney who is experienced in this area of law.

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What is a durable power of attorney?

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