What is a durable general power of attorney?
A power of attorney is a document created by the “principal” naming an “agent” to act for him or her with respect to management of the principal’s property and financial affairs. A “general” power of attorney is written very broadly to permit the agent to do almost anything that the principal could do himself or herself. The following language is common in a power of attorney:
I confer upon my Agent the full, complete and general authority to do all such acts, matters and things in relation to all or any part of, or interest in, my property, affairs or business of any kind or description in the Commonwealth of Virginia, or elsewhere, now or at any time in the future, that I could do if acting personally. I intend that this general grant of authority be construed broadly so as to confer the greatest possible grant of authority upon my Agent.
A “durable” power of attorney remains effective in the event of the principal´s disability or incapacity. A power of attorney can be revoked by the principal at any time, and ceases to be effective at the principal’s death.