![]() Unless the DPOA states an earlier termination date, the agent’s authority continues until the principal either dies or revokes or amends the DPOA. Alternatively, a licensed physician may determine that the principal lacks “decision making capacity” in a written statement signed within 90 days of a personal examination of the principal. For example, the agent’s authority may come into effect either immediately or only when the principal becomes “incapacitated,” which means the principal is “not fully able to manage his person or estate” due to a developmental or other disability. The principal may specify in the DPOA when the agent’s authority will come into effect. The DPOA must be in writing, signed by the principal, and signed by an eligible adult witness to the principal’s signing, as well as notarized. They may, however, request the agent for a certification of the DPOA’s validity. Third parties must generally accept decisions made by the agent as if the principal had made them. In making decisions for the principal, the agent must act both in good faith for the benefit of the principal using due care, competence, and diligence, and also consistently with the terms of the DPOA. The DPOA is considered to be “durable,” which means the agent’s authority continues during a period when the principal lacks capacity or after a guardian is appointed. For health care decisions, additional rules apply. ![]() ![]() Depending on the terms of the DPOA, the agent may make a broad range of decisions regarding the principal’s property, including the principal’s Social Security benefits. The principal may specify in the DPOA the rights, powers, duties, limitations, immunities and other terms that apply to the agent’s authority and to all persons dealing with the agent. The DPOA allows a principal to appoint an agent to make either a broad or limited range of property and financial decisions on the principal’s behalf. The “durable power of attorney” (DPOA) allows an adult (the “ principal”) to authorize another (the “ agent”) to make property and financial decisions for the principal. Instrument: Durable Power of Attorney (DPOA) ![]()
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