A durable power of attorney form is a type of power of attorney document which will retain its effect regardless of the event when the individual who gave the power to a representative becomes incapacitated. In addition, the one who gives the power will be referred to as the grantor or principal while the receiver or the representative will be referred to as the agent.
Types of Durable Power of Attorney Forms
Durable Power of Attorney and Health Information Access Form – This is the type of durable power of attorney form which should be used by grantors who will be permitting their agents to access confidential and private health information. The form is composed of ten sections which should be filled out by the grantor and the agent. In the first section, an introduction which indicates the name of the grantor and the intent of the power of attorney form will be stated while the second section defines the general authority that the grantor gives to the agent.
Durable Power of Attorney and Health Information Access Form
The other contents of the form are allotted for defining the specific authorizations for the agent as well as the types of health information of the grantor that the agent can obtain, the limitations of the agent’s authority, and other special instructions to be obeyed by the agent. The form will then have to be signed by the nominated agent and notary public to legally validate and acknowledge the terms in the form.
Durable Power of Attorney for Finances Form – The focus of this form type is to assign an agent who will be handling the finances and making financial decisions on behalf of the incapacitated principal. The first page of the form enlists the notices and instructions to be noted by the principal in order to fill out the document efficiently. In the second page, details for the appointment of the agent and the effectivity of the durable power of attorney will be indicated while the third and fourth pages define the powers to be given to the agent and other provisions. And lastly, the fifth page collects the signatures of the principal, notary public along with a witness statement which should be signed by an eligible witness.
Durable Power of Attorney for Finances Form
Durable Power of Attorney for Healthcare Decisions Form – Compared to the aforementioned durable power of attorney and health information access form, this document can be used by a principal to assign an agent to make healthcare decisions however while restricting the same agent to acquire confidential health forms. The form is composed of two pages which collects relevant data and defines the terms to be adhered to by the agent. Some of the data which will be stated in the form includes the name and social security number of the principal, the general information of the agent, the signature and notarization of a notary public, the priorities of the principal, and the cancellation date of the power.
Durable Power of Attorney for Healthcare Decisions Form
Durable Power of Attorney Revocation Form – In the event that a principal or a grantor wants to revoke and cancel the power that an agent holds, then a durable power of attorney revocation form should be used. In this document, the principal will need to state his name, the agent’s name, the revocation date, and his signature in the first part while the notary public will be the one who will fill out the notarization section.
Durable Power of Attorney Revocation Form
General Durable Power of Attorney Form – If the intent of a principal is to assign general powers to an agent, then the right form type to use would be the general durable power of attorney form. This form type assigns several powers to the agent ranging from making healthcare-related decisions up to finalizing financial decisions on behalf of the principal. In addition, the agent can also make decisions for the principal’s owned real estate properties and bond transactions.
General Durable Power of Attorney Form
Durable Power of Attorney Form FAQs
What is the role of an agent assigned in the durable power of attorney form?
The role of an agent is to make decisions for the principal or grantor of the power. This is the reason why principals and grantors should ensure that their agents are those with the right motivations in handling the granted power otherwise the consequences and results of the authorization will lead to an abuse of the power that the agent holds.
Will a durable power of attorney form be executable even after the death of the principal or grantor?
No. Any type of power of attorney form including those which indicates durability will not be executable after the principal or the grantor’s death. Only a last will and testament which had been created and was signed by the deceased testator, who is the grantor of the power, will be executed and will survive years after the testator’s death.
Durable Power of Attorney Form Sample
Durable Power of Attorney Form Tips
When drafting, making, and even when using a durable power of attorney form template, the tips below should be kept in mind by all the involved parties or the principal, agent, notary public, and the witnesses:
- Choose your agent wisely: The agent should be a person who has the well-being of the principal in mind over other priorities. Most often, agents are the principal’s spouse, family member, relative, or closest friends, while there are also others who prefer to assign legal attorneys to serve as an agent.
- Include a preparation statement: The purpose of this statement is to record the name of the individual who prepared and finalized the contents of the durable power of attorney form. The signature of the document-preparer should also be affixed below the statement and the name as well.
- Identify boundaries: The boundaries can include expiration dates, authorization limitations, and alteration limitations which should be followed by the agent.
Durable Power of Attorney for Healthcare Statutory Form
Lastly, it is essential that the principal or the grantor of the power will specify and properly define the provisions of the durable power of the attorney. If ever an individual is assigned as the document-preparer, then the principal should adequately inform the preparer about his preferences especially in authorizing the agent for making life and death decisions.
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