Glossary → Contracts
Contracts

Power of Attorney

A document authorising someone to act legally on your behalf.

A power of attorney appoints an agent to make decisions for you within the scope the document sets. That scope can be narrow — one transaction, one account — or broad enough to cover finances generally. It takes effect while you are alive and ends at death, when a will and the probate process take over.

In practice

“I appoint my agent to act for me in any lawful way with respect to the following subjects.”

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Durable, springing, and limited

A durable power of attorney survives your later incapacity, which is usually the point of having one. A non-durable one ends the moment you become incapacitated. A springing power takes effect only on a triggering event, typically a physician’s finding of incapacity, which adds a verification step at the worst possible time. A limited or special power covers one defined task. A separate healthcare power of attorney or advance directive governs medical decisions; a financial power generally does not.

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What it looks like in a real document

“This power of attorney shall not be affected by my subsequent disability or incapacity.”

That single sentence is what makes the document durable, and without it the authority evaporates exactly when it is needed. Requirements are set by state law and vary: notarisation is common, witnesses are sometimes required, and some banks insist on their own form. Confirm which institutions will accept the document before you need to rely on it.