What Can an Agent Do With a Durable Power of Attorney?
Depending on the powers granted, an agent can: manage bank accounts and pay bills, buy or sell real estate and investments, file tax returns, manage retirement accounts, operate a business, apply for government benefits, and handle insurance claims. The document can grant broad authority over all financial matters or be limited to specific tasks. You decide the scope. The agent has a fiduciary duty to act in your best interest, not their own.
When Does a Durable Power of Attorney Take Effect?
A DPOA can be structured two ways: an immediate DPOA takes effect as soon as it's signed (useful if you want someone to help manage affairs now); a springing DPOA only activates upon a triggering event — typically a physician's certification of incapacity. Springing powers provide more protection against misuse but can create delays when quick action is needed. Most estate planners now recommend immediate DPOAs with trusted agents rather than springing ones.
How Does a DPOA Differ From Guardianship/Conservatorship?
A DPOA is a voluntary, private document you create while you have capacity, choosing your own agent. Guardianship or conservatorship is court-imposed when someone is already incapacitated and has no DPOA in place. Guardianship involves court hearings, ongoing supervision, annual reporting, and significant expense. A DPOA avoids all of this by pre-authorizing someone you trust. Having a DPOA is one of the most important steps in any estate plan.
Frequently asked questions
Can a power of attorney be revoked?
Yes. As long as you have mental capacity, you can revoke a durable power of attorney at any time by providing written notice to the agent and any institutions that have copies. Once you lose capacity, only a court can revoke it. The DPOA also terminates at your death.
Is a durable power of attorney the same as a healthcare proxy?
No. A durable power of attorney covers financial and legal matters. A healthcare proxy covers medical decisions. You typically need both. Some states offer a combined document, but it's common to execute them separately with potentially different agents for each role.