How does a durable power of attorney work?
You can designate someone to act as your agent, to make financial and other decisions on your behalf in the event that you are not available or mentally competent to make the decisions. The power of attorney is called durable because it remains valid even in the event of your mental incapacity (such as a coma, Alzheimers, etc.). Note, however, that a power of attorney always expires upon your death, and cannot lawfully be used after your death.
When you create and sign a power of attorney, you give another person legal authority to act on your behalf. This person is called your “attorney-in-fact” or, sometimes, your “agent.” The word “attorney” here means anyone authorized to act on another’s behalf; it’s most definitely not restricted to lawyers. A “durable” power of attorney stays valid even if you become unable to handle your own affairs (incapacitated). If you don’t specify that you want your power of attorney to be durable, it will automatically end if you later become incapacitated.
