How to Write a Free Durable Power of Attorney

By A.L. Kennedy

A durable power of attorney document gives another person the power to make your healthcare or financial decisions if you become incapacitated. The power to handle your affairs for you lasts for as long as you are unable to make decisions yourself. Writing your own free durable power of attorney may be a good choice if you are trying to handle your own end-of-life affairs at minimal costs.

Step 1

Write or type the date, your full name, and a statement that the document is your durable power of attorney and that you understand the powers the document gives another person if you are incapacitated. Put this information at the top of the page.

Step 2

Name the person to whom you wish to give power of attorney. You may also wish to include additional identifying information, such as his relationship to you or his address. Specify whether he should have durable power of attorney for healthcare decisions, financial decisions, legal decisions or all three. Specify that the power of attorney should last only as long as you are unable to make decisions for yourself, and that it should expire once you regain the capacity to make your own decisions.

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Step 3

Write down any specific instructions you wish to leave with the person to whom you are giving power of attorney. For instance, if you want the person with power of attorney to consult your spouse or a professional before making certain decisions, write an instruction explaining who the person with power of attorney should consult and when. If you are creating a durable power of attorney for healthcare, you may specify certain kinds of care you do or do not want, such as life support.

Step 4

Sign and date your durable power of attorney at the bottom of the page. In most states, a durable power of attorney must be witnessed by at least two witnesses in order to be legal. Your witnesses should be of sound mind, at least eighteen years of age, not related to you and not the person named to receive power of attorney in the document. Some states also require a durable power of attorney to be notarized in addition to being witnessed.

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New Jersey Durable Power of Attorney

References

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North Carolina State Statutes Regulating Power of Attorney for Health Care

A power of attorney for health care can give you piece of mind that appropriate medical and mental health decisions will be made for you if you're unable to make these decisions yourself. In North Carolina, the person appointed to act in your place can be granted as broad or limited decision-making authority as you desire. The process for executing a POA is governed by state law, which also describes the minimum qualifications necessary for those appointed to serve on your behalf.

The State of Ohio Health Care Power of Attorney

Most adults are capable of making their own healthcare decisions with the assistance of their physicians and loved ones, but sometimes they are not mentally capable of making these decisions. Both temporary and permanent conditions can render you unable to participate in your own healthcare decisions. Ohio law allows you to appoint someone else to make your healthcare decisions under a healthcare power of attorney, also known as a durable power of attorney for healthcare.

Power of Attorney During a Coma

Medical emergencies arrive without advance warning, but a prudent person can prepare for the unexpected with an appropriate power of attorney. A power of attorney is a legal document appointing someone, known as the agent, to act in your place in managing your finances or health care. Many types of powers of attorney exist but only those termed durable remain effective if you become incapacitated.

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