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T Jeff Stein Probate Attorney Durable Power of Attorney | T Jeff Stein Probate Attorney

Durable Power of Attorney

  A durable power of attorney is another useful tool in any estate plan.  It is a document in which a person known as the “principal” appoints an agent to handle their affairs.  A durable power of attorney can grant the agent general powers or be more limited in scope, making it a very flexible instrument.   A common use for a durable power of attorney is to make healthcare decisions in the event that the principal is incapacitated or otherwise unable to make decisions related to his healthcare.  Often, a court supervised guardianship and/or protective placement proceeding can be avoided if a durable power of attorney has been properly prepared and executed.  A durable power of attorney may end by termination, revocation, resignation, removal or death.  Most durable powers of attorney terminate on the occurrence of some event specified in the document.  A principal may also revoke a durable power of attorney in writing.  However, to be effective, the revocation must be provided to the agent and the third parties the agent deals with regularly in that capacity.  Courthouses, hospitals, nursing homes and the Alabama Medicaid Agency may have a form durable power of attorney available for your use.  However, an attorney can individualize a durable power of attorney to suit your specific needs.

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