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Durable (Financial) Power of Attorney. Grants someone else the authority to act on your loved ones behalf in financial and legal matters. The term durable means that the POA remains valid even if your loved one becomes incapacitated or mentally incompetent.
One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agents activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.
When someone makes you the agent in their power of attorney, you cannot: Write a will for them, nor can you edit their current will. Take money directly from their bank accounts. Make decisions after the person you are representing dies. Give away your role as agent in the power of attorney.
No. In fact, most POA designations terminate when the grantor becomes incapacitated. A common example is financial power, which is often established for the convenience of the principal. In those circumstances, the POA is likely carrying out instructions from the grantor rather than making decisions on their behalf.
Choosing between durable and general depends on what you need for the future. We suggest talking to an estate planning lawyer to see which one is right for you. In short, durable powers of attorney give better protection if someone cant make decisions and keep decision-making going.
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A durable power of attorney for health care is a legal document. In Kansas, you do not need a lawyer to complete the form, as Kansas statutes offer fill-in-the-blank forms that you may complete on your own. It is recommended that you use these forms if you are not using the services of an attorney.
Any power of attorney automatically ends at the principals death. Your durable POA also ends if: You revoke it. As long as youre mentally competent, you can revoke your document at any time.
A durable health care power of attorney can be effective any time or, if you want, at any time you are unable to make or communicate a decision. The agent you appoint can make any decision you direct, including decisions about health care beyond those covered by your living will.

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