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the durable power of attorney what is a durable power of attorney such a form involves two parties a principal and an agent implying that the first selects the latter to handle their financial related matters on their behalf which is agreed in writing in most cases a spouse is chosen as an agent but the principal is free to choose any person they deem trustworthy attorneys usually recommend choosing a person who is a beneficiary in your will as an agent the principal might also choose more than one agent letting the agents make decisions together or nominate an alternative agent who will step in if the previous one fails to act according to the document how to differ from other powers of attorney the main difference between durable and general power of attorney is that the latter expires in the event you become incapacitated which should be determined by the court durable power of attorney remains in effect even after that and stays effective until the principal dies or until they act