How to: Durable Power of Attorney

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Select the person in your life you trust above all others, who will act as you would and respect your wishes. This person may be a grown child or another close relative, or it may be your attorney if you have developed a close relationship.

Make an appointment with an experienced estate-planning attorney to draw up a general power of attorney --- special language must be included in order for the power of attorney to be made durable. States have different requirements, so you should consult an attorney and not attempt to draw up your own durable power of attorney.

Tell your attorney that you want your power of attorney to be durable and not be revoked should you become incapacitated by a stroke or other disabling health incident.

Because requirements will vary from state to state, your attorney will title the document "Durable Power of Attorney." The body of the document will recite that you, the grantor, desire that the Power of Attorney shall be Durable and shall survive your incapacity and that the authority you have entrusted shall not cease in the event you become incapacitated.


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