A durable power of attorney, created without cost, contains several crucial pieces of information, including your name, the name of the person to whom such power is conferred, any special requirements and your signature, says LegalZoom. In most states, at least two witnesses must also sign the document.Continue Reading
Other important information contained in the document to meet legal muster includes the date on which it was signed, a passage stating you understand fully the powers granted to the other person to make major decisions for you if you are incapacitated and a passage specifying aspects covered under such power, whether legal, financial, medical or beyond, reports LegalZoom. Include a passage stating the power of attorney is only valid during the period you are incapacitated in the section listing the powers.
Clarify that if you regain your capabilities or pass away, such power of attorney is no longer valid over you or your heirs. If you need to circumscribe the power granted to the person, include specific instructions the person must follow to remain within the law, recommends LegalZoom. You may require the person to consult loved ones regarding major decisions about health care or to meet with your accountant or broker before making particular financial decisions. Each state has varying requirements for the legitimacy of the document; consult your home state regulations on this matter to prevent the document from becoming legally invalid over a technicality.Learn more about Law