What is a durable power of attorney?
A durable power of attorney is a legal document that allows someone to appoint someone else (the “agent”) to make financial and legal decisions on their behalf. This document is commonly known as a durable power of attorney for financial matters, or a durable power of attorney for health care. In Washington, a durable power of attorney is a way for someone to plan ahead for their future and protect their assets and personal interests. The documents provide the legal authority for the agent to act on their behalf, including writing checks and transferring property. The grantor (the person making the appointment) can limit the powers of the agent, or grant them full authority to manage their finances and make decisions on their behalf. The grantor can choose to make the durable power of attorney effective immediately, or choose that it take effect when the grantor is no longer able to make decisions for themselves. This is commonly referred to as a "springing durable power of attorney". This is important as people may become incapacitated and unable to make decisions on their own, so having a durable power of attorney in place can be a source of comfort and peace of mind for them and their family. In Washington, a durable power of attorney is an important part of a comprehensive estate plan. Working with an experienced estate planning attorney can help ensure that all of the documents are in order, and give peace of mind that the grantor’s financial and legal interests are protected.
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