Providing Peace Of Mind
For You And Your Family

How long do durable powers of attorney remain in effect?

On Behalf of | Feb 1, 2025 | Powers Of Attorney |

Durable powers of attorney are important estate planning instruments. They help protect people from the harm that permanent incapacitation could cause. They can also protect older adults from involuntary guardianships or conservatorships where the wrong person might assume authority over their daily lives. The language used when drafting durable powers of attorney sets them apart from other types of powers of attorney.

How long do durable powers of attorney retain their legal authority?

Durable powers of attorney provide indefinite protection

Basic powers of attorney that lack the language to make them durable documents lose their authority when an individual becomes permanently incapacitated. An individual diagnosed with severe mental health disorders or a condition that causes dementia, like Alzheimer’s disease, may not receive much help from powers of attorney that are not durable.

The ability to rely on durable power of attorney documents during permanent incapacitation is what separates them from traditional financial powers of attorney. Durable documents can extend financial and medical authority to a trusted individual for the duration of the principal’s life.

The document may remain in effect until the person in need of support either dies or recovers from their medical challenges. Having an agent or attorney-in-fact already empowered to manage medical and financial issues can limit the risk of someone with questionable intentions pursuing guardianship or conservatorship over the vulnerable adult.

While not everyone makes use of powers of attorney, almost anyone can benefit from drafting these documents. Adding durable powers of attorney to an estate plan can protect people if they experience medical emergencies or cognitive decline.