Durable vs. Non-Durable Power of Attorney

A power of attorney is a document that authorizes someone else to act on your behalf regarding your property and finances. You can also create a power of attorney for healthcare, which authorizes someone else to act on your behalf regarding your medical treatment, end-of-life care, etc. When you create a power of attorney, you are called the principal, and the person getting the power is called the agent or attorney-in-fact (not to be confused with attorney at law, which refers to an actually licensed lawyer).

A power of attorney can be durable or non-durable. Durable means the agent will continue to have the power of attorney even after you become incapacitated (unable to manage your own affairs, unable to understand the consequences of your actions, etc.). Non-durable means the power of attorney ends when you become incapacitated, so the agent will not be able to act on your behalf unless you recover from your incapacity.

You can use a power of attorney for estate planning purposes. Typically, the power of attorney will be durable because you want your agent to continue making decisions for you even when you cannot. However, you might want to create a non-durable power of attorney for a specific, one-off transaction.

Powers of attorney, whether durable or not, typically take effect based on the date you specify in the power of attorney document. However, you can also specify that you wish your power of attorney to take effect only when some event occurs in the future, such as if you become incapacitated or disabled. This is another type of power of attorney, called a springing power of attorney.

Thickstun Luo LLC can help you create a power of attorney in Illinois or Indiana to meet your needs. Contact us today for a consultation.

LEGALESE is an online blog by Thickstun Luo LLC. The blog explains legal terms and concepts in plain English.

Disclaimer: The LEGALESE blog and the posts therein do not form an attorney-client relationship between you and Thickstun Luo LLC. Furthermore, this blog is not intended to render legal advice regarding your specific situation. You should consult an attorney for specific legal advice. Some content in LEGALESE blog posts pertain to state-specific legal rules and concepts that may not be applicable in every jurisdiction.