Estate Planning Newsletter

Durable Powers of Attorney

If you become incapacitated, who is supposed to make decisions for you about the management of your property or your health care? A durable power of attorney allows someone you designate to act on your behalf. It is usually included as part of an estate plan.

A durable power of attorney is different from a non-durable power of attorney because it remains in effect even when you are incapacitated.

You are the “principal” when you create the durable power of attorney, and the “attorney-in-fact” is the person you appoint. Your attorney-in-fact may have the power to carry out all the same activities as you. An attorney-in-fact may be anyone close to you, such as a spouse, relative or close friend. In other words, an attorney-in-fact does not have to be an attorney.

Property Management

The attorney-in-fact designated for managing your property should adhere to your own standards of care. Also, this attorney-in-fact should:

• Avoid conflicts of interest
• Follow your directions
• Keep regular contact with you
• Maintain records of all transactions

Your attorney-in-fact for health care has the duty to make health care decisions for you. Some states have simplified this process. For example, California has a Health Care Decisions Law that makes it easier to name someone to act on your behalf for medical treatment decisions.

More Than One Permitted

You may assign more than one power of attorney to carry out your property management or health care wishes. Usually, if there are 2 or more attorneys-in-fact, they must agree on what actions to take on your behalf.

© 2026 NextClient.com, Inc. All rights reserved.

• Court-Imposed Transfers: Constructive Trusts
  A constructive trust is a remedy imposed by a court when a person has wrongfully attained property in an inappropriate way. The court will undo the transaction and order that title to the property go to the rightful... Read more.
• Adding Flexibility to Your Estate Plan
  What is a Power of Appointment? A power of appointment is the power given by one person to another (referred to as the “holder” of the power of appointment) to designate who is to receive an asset. For... Read more.
• The Judicial Doctrine of Equitable Adoption
  In general terms, the judicial doctrine of “equitable adoption” recognizes a valid parent-child relationship in the absence of a formal adoption procedure, holding a person who has acted like a child’s parent for a number of years... Read more.
• Removal of an Executor or Estate Administrator
  State laws and procedures typically govern the administration of an estate. For this reason, the law varies among jurisdictions. However, in 1969, a “Uniform Probate Code” (Uniform Code) was introduced. Since that time, the... Read more.

• UK Police Say 70 Women in Mohamed Al-Fayed Abuse Case Show Signs of Human Trafficking
• Alec Baldwin Loses Most Claims Against ‘Rust’ Prosecutors, but Parts of Lawsuit Survive
• Federal Judge Rules Flock License Plate Search Unconstitutional After Cop Followed Woman Over California Plate
• New York AG Letitia James Takes Over Cornell 7 ‘Gang-Rape’ Investigation After Hochul Removes Local DA
• Renee Good’s Family Sues U.S., ICE Agent and Trump Officials Under Ku Klux Klan-Era Law