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A General Durable Power of Attorney is a legal document in which a principal appoints an agent to manage specified financial and property matters, with the agent’s authority generally continuing if the principal later becomes incapacitated.

Use our browser-based editor to complete, edit, and download a General Durable Power of Attorney template.

Power of attorney laws and execution requirements vary by state. This article provides general information and is not legal advice. Review the requirements for your state or consult a qualified attorney before signing the document.

What is a General Durable Power of Attorney?

Under a General Durable Power of Attorney, the person granting authority is the principal, and the person appointed to act is the agent. The agent may receive broad authority over the financial and property matters specified in the document.

Power of attorney meaning and definition

The basic POA meaning is giving someone else formal legal authority to act for you. Depending on the authority granted, the agent may pay bills, manage bank accounts, handle real estate, or perform other financial tasks.

POA stands for Power of Attorney. It is a legal document that officially authorizes a trusted person to handle your legal and financial affairs on your behalf.

What does “durable” mean? Durable vs. regular POA

The term "durable" describes what happens to the agent’s authority if the principal becomes incapacitated. Under a regular (non-durable) power of attorney, the agent’s authority automatically stops the moment the principal loses their mental capacity. A durable POA stays active and valid in this case, which helps prevent interruptions in managing the principal’s financial affairs.

When comparing a durable power of attorney vs. a regular power of attorney, the key difference is that the durable version remains effective after incapacity, while the regular version ends immediately.

What powers a durable POA grants

A durable POA gives the agent legal authority to act within the limits stated in the document. These powers cover daily financial, legal, and business decisions.

Financial durable power of attorney

A durable power of attorney for finances is the most common way to use this legal tool. A financial durable POA may be a standalone document or part of a broader estate-planning package.

Depending on the authority granted, your agent may:

• Manage your bank and investment accounts.

• Pay your mortgage, utilities, and credit cards.

• Buy, sell, or rent your real estate.

• Manage your pension and retirement benefits.

• Prepare or file tax documents where authorized.

Representation before the IRS requires a separate Form 2848 or another qualifying power of attorney that meets IRS requirements.

Some powers require specific authorization under state law. A general grant of authority may not permit the agent to make gifts, change beneficiary designations, create or modify trusts, create or change rights of survivorship, or take other actions that affect the principal’s estate plan. The exact requirements and default limits vary by state.

Statutory durable power of attorney

Unlike a custom agreement drafted by a lawyer, a statutory durable power of attorney uses a form or standardized language prescribed or authorized by state law. A statutory form may be suitable for straightforward needs, but it may not address complex property, business, tax, gifting, or family circumstances.

Even when a statutory form complies with state law, a bank or other institution may still request verification or additional supporting documentation.

How to create and fill out a durable POA form

You can easily create and fill out a durable POA on your own. Our online template can help you organize the required information, but you should verify that the form and its instructions apply in your state.

1. Open the online template: Open the printable Power of Attorney form in the PDFAid online editor.

2. Enter your personal details.

3. Choose an agent: Write their personal details. Include a backup agent in case your first choice is unavailable.

4. Pick the powers: Check the boxes for the tasks you want your agent to handle, and add restrictions to limit their control.

5. Set the durability and start date: Make sure the document stays active if you lose mental capacity. Determine whether these powers begin immediately or after a doctor certifies incapacity.

6. Review, download, and print: Check the entire document for typos. Save the file as a PDF, and print it on standard white paper. Leave the signature lines blank.

Signing and notarizing a durable POA

A valid durable POA must be signed according to the execution requirements of the applicable state, which may include notarization, witnesses, or both.

Principals must sign documents while mentally competent. Depending on state law or the form used, the agent may also need to sign an acknowledgment or acceptance.

When signing on the principal's behalf, the agent should clearly indicate they're acting in a representative capacity. A commonly used format is:

[Principal's Name] by [Agent's Name], attorney-in-fact.

Banks and other institutions may refuse to rely on a POA that doesn't meet applicable signing requirements:

• Notarization: Most states require notarization in front of a licensed notary, who will verify your identity and stamp the page. Even where it's not strictly required, banks can reject unnotarized POAs, so it's worth doing regardless.

• Witnesses: Some states require one or two independent witnesses, who must also sign the form.

• Witness restrictions: Some states limit who may serve as a witness, such as the agent, close family member, or a person who may benefit from the arrangement.

• Agent acknowledgment: Some states require your agent to sign a special page formally accepting their duties before they can manage your money.

Requirements for the notary and witnesses depend entirely on your state. Verify your local laws before signing the document.