How to Write an Enduring Power of Attorney
An enduring power of attorney is a document that allows someone to act on another person's behalf in the event they're unable to make decisions for themselves because of diseases or problems that affect judgement or memory, such as Alzheimer's disease or dementia, or if the person comatose. This article will provide information on how to write this important document.
- Decide what powers you want to give to the attorney-in-fact. For example, do you want them to be able to make decisions regarding your medical care, or the sale of your house and other assets if you should need to go into a nursing home? Discuss this with the person you want to give power of attorney, and make sure they're up to making these decisions.
- Identify the parties. Information provided should be their names and addresses at a minimum, but if the attorney-in-fact is a corporation or law firm, you'll also want to include their state or federal tax identification number.
- State the jurisdiction. The jurisdiction is important, because the laws of the stated jurisdiction will be the laws that govern the durable power of attorney. The stated jurisdiction is almost always the state the grantor lives in.
- List the what the attorney-in-fact can and cannot do. Depending on the intent of the grantor, the powers of the attorney-in-fact can be very broad or very narrow. When listing the powers and restrictions, it's important to take unforeseen circumstances into account so that the attorney-in-fact's hands aren't tied in that situation.