Core documents

Durable Power of Attorney

A power of attorney written to stay in effect after you lose the capacity to make decisions.

A durable power of attorney contains language stating that the agent's authority survives your incapacity. Without that language, the authority lapses precisely when it becomes necessary — an ordinary power of attorney ends the moment you can no longer make your own decisions, which is the scenario nearly everyone has in mind when signing one.

That single distinction is why the durable version is the standard recommendation for planning purposes. The whole point of appointing someone is to cover a stroke, an accident, or a dementia diagnosis. A document that quietly expires at the onset of any of those has failed at the only job it was created for.

When it is durable, your agent can keep the mortgage paid, maintain insurance, manage investments, deal with Medicare and Social Security, and handle the ordinary financial maintenance of a life that does not pause because someone is in a hospital. The alternative is a court-supervised conservatorship, which costs money, becomes a matter of public record, and hands decisions to a process rather than a person you chose.

It takes effect on signing, not on incapacity — the agent could technically act tomorrow. Some people find that uncomfortable and prefer a springing version that activates only on a finding of incapacity, though springing documents introduce delay of their own. The tradeoff between immediate authority and delayed activation is worth thinking through rather than defaulting.

Frequently asked

How is this different from a regular power of attorney?
One clause, and it changes everything. A standard power of attorney terminates when you become incapacitated; a durable one expressly continues. Since incapacity is the situation most people are planning for, a non-durable document usually fails at the moment it was meant to help. If you are unsure which you have, that clause is the first thing to check.
Can my agent manage my crypto with a durable power of attorney?
Legally they may be authorized to, but authority and access are separate problems. A durable POA might satisfy an exchange that has a documented process for it, though many will still be difficult. Self-custodied crypto is another matter entirely: no document produces a seed phrase. If nobody can reach the keys, the legal authority is meaningless, so a durable POA needs to be paired with a secure, deliberate way for your agent to obtain access.
When should I put one in place?
Before there is any reason to think you need it. A power of attorney can only be signed while you still have the capacity to understand what you are signing — meaning the diagnosis that makes it urgent can also be the thing that makes it impossible. Families who wait until after a health crisis frequently find the window has closed and a conservatorship is the only route left.

This glossary is general information, not legal advice. Estate planning rules vary by state and change over time. Legacy Suite is not a law firm — for questions about your own situation, speak with a qualified estate planning attorney.

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