subject: More truths about durable power of attorney [print this page] More truths about durable power of attorney
The agent or attorney who has special provisions of durability is called durable power of attorney. The representative whom you have selected for taking decisions on your behalf when you become terminally ill is called durable agent and the provisions under which he exercises his activities is called durable provision. In case you become mentally ill or unconscious due to accident then the document will become effect under the durability provision.
When you sign a durable document you can mention in it clearly that the POA becomes effective only when the doctor certifies that you have become mentally ill. It is necessary to appoint someone whom you trust as your agent. It can be your lawyer or any other relative or any close friend. The appointed person will then have the right to decide on your health issues and other financial matters.
Each state has different laws and provisions for executing a document of durable power of attorney. Normally no cash awards are given to the person who acts as agent. In most of the cases either your intimate relative or friend would be acting as your agent. It is necessary that you should specify in the document that the person will not be responsible for any act of misconduct which has occurred without his or her intention. The agent will not be held into account for doing anything wrong unknowingly. All these phases are included in the document while executing the deed. The law includes these provisions to encourage the people who come forward to act as your agent.
You should also mention the name of the successor agents in case if the agent is not available at the time of crisis. The agent to be appointed as the durable power of attorney should have completed 18 years. Ensure not to appoint very elderly persons as your agent since they may not be of much help when you need them.
The agent appointed by you is duly authorized to sign the papers of autopsy of your body, and he can make decisions about donating the organs of the body. The word durable' was added in the title from the year 1979 by California Legislature to specify the man has full rights to take decisions in case you become mentally handicapped.
