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What is a power of attorney?

Last Updated: February 29, 2008

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A power of attorney is a document that gives one or more people (agents or attorneys-in-fact) the authority to act on behalf of another person (the principal) under certain specified conditions.

Regular powers of attorney become void at the death or incapacity of the principal. Durable powers of attorney stay in effect at the incapacity of the principal. Therefore, be sure that your powers of attorney for health care and financial issues in the case of incapacity contain a clause that ensures that they are durable (i.e., state that they are to last beyond your incapacity).

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