2D-1. Facts About Different Types of POAs and their Authorities
A Power of Attorney (POA) is a document written by an individual that gives another person authorization to act on their behalf. The appointed person is known as an “attorney in fact”. A regular POA does not remain in effect during periods when the individual giving authority is not competent to make their own decisions.
A Durable Power of Attorney (DPOA) is similar to a regular POA, except it remains in effect even during periods when an individual may become incapacitated.
There are a few definitions and facts about a Power of Attorney that are important for you to know:
Durable Power of Attorney
A Durable Power of Attorney is a POA directive that includes language stating that the directive is not affected by subsequent disability or incapacity of the individual making the designation. Some DPOAs may be worded so that they become effective only after an individual becomes incapacitated.
Guardianship Authority
Unless the court determines otherwise, a Medical Power of Attorney remains effective even after a guardianship appointment.
Competence Required
You have to be in a competent state of mind to sign a POA or a DPOA. Additionally, you must be competent to revoke a DPOA.
Power of Attorney
A Power of Attorney is a directive in which an individual designates another person to act on their behalf. The appointed person is called an “attorney in fact.” The attorney in fact may sign documents and make transactions on behalf of the individual. A regular POA will terminate if the individual is affected by a subsequent disability or incapacity.