Free Durable Power of Attorney Template
A durable power of attorney lets you appoint an agent to handle your financial and legal affairs, and it stays in effect even if you later become incapacitated. This template grants clear powers to your agent, names an alternate, and includes durability, revocation, and third-party reliance language. Fill in your information and print a signature-ready document to review with a notary or attorney.
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DURABLE POWER OF ATTORNEY
This Durable Power of Attorney is made on ________________ by ________________ ("Principal"), of ________________.
1. APPOINTMENT OF AGENT. The Principal appoints ________________, of ________________, phone ________________, as the Principal's agent and attorney-in-fact (the "Agent") to act for the Principal in the matters set out in this document.
2. ALTERNATE AGENT. If the Agent is unable, unavailable, or unwilling to serve, the Principal appoints ________________, phone ________________, to serve as successor Agent with the same authority granted to the original Agent.
3. DURABILITY. This is a durable power of attorney. It is not affected by the Principal's later disability or incapacity, and the authority of the Agent continues in full force even if the Principal becomes incapacitated, until this document is revoked or the Principal dies.
4. EFFECTIVE DATE. This Durable Power of Attorney takes effect as follows: ________________. Where the authority is springing, the Agent's authority begins only when the Principal's incapacity is established by the written statement of a licensed physician or as otherwise required by law.
5. POWERS GRANTED. The Principal grants the Agent authority to act in the following matters: ________________. In carrying out these powers the Agent may sign and deliver documents, open, manage, and close accounts, buy, sell, and manage property, file taxes, manage government benefits and insurance, and deal with banks, agencies, and other parties on the Principal's behalf, doing everything reasonably necessary to exercise the powers granted.
6. SPECIAL INSTRUCTIONS AND LIMITS. The following special instructions or limits apply to the Agent's authority: ________________. The Agent shall exercise the powers granted subject to any limits stated here.
7. STANDARD OF CARE. The Agent shall act in good faith, in the Principal's best interest, and within the authority granted. The Agent shall keep the Principal's property separate from the Agent's own, avoid conflicts of interest, and maintain records of all actions taken on the Principal's behalf.
8. COMPENSATION AND REIMBURSEMENT. ________________. Any compensation or reimbursement shall be reasonable in light of the services provided and the Principal's circumstances.
9. RELIANCE BY THIRD PARTIES. Any third party may rely on this Durable Power of Attorney and on the Agent's authority. A third party that acts in good faith reliance on this document is released from liability to the same extent as if dealing directly with the Principal, and the Principal asks that this document be honored.
10. REVOCATION. The Principal may revoke this Durable Power of Attorney at any time by giving written notice to the Agent and to any party relying on it. This document revokes any prior power of attorney covering the same matters, except as the Principal states in writing, and it ends on the Principal's death.
11. GOVERNING LAW. This Durable Power of Attorney is governed by the laws of the State of ________________. If any provision is found unenforceable, the remaining provisions stay in full effect.
This is a general template and not legal advice. Power of attorney requirements, including witnessing, notarization, and the specific language needed to make authority durable or springing, vary by state, so review your state's requirements or have an attorney review this document before use.
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Questions
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These are professionally structured templates using standard clause language. Whether a completed document is legally binding depends on your state's requirements, proper signing (and notarization or witnesses where required), and your specific situation. For anything high-stakes, have an attorney review it. Nothing here is legal advice.
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The template includes signature lines. Some documents need witnesses or a notary to be enforceable in your state. Check your state's requirements before signing, and use a notary where one is required.