Last updated · Written by the Power of Attorney Maker editorial team. State rules checked against official statute sources.
A durable power of attorney form names an agent to handle your money and property, and it stays in force if you later become incapacitated. That is what makes it the most important financial document after a will: without it, a family often has to ask a court to appoint a guardian or conservator, which is slow, public and expensive.
What your agent can do
You choose the subjects. The form lists the common ones, and you can untick anything:
- Real estate: sell, lease, refinance or manage property.
- Banking and investments: pay bills, move money between your accounts, manage brokerage accounts.
- Taxes and government benefits: file returns, deal with the IRS, Social Security, Medicare, Medicaid and VA.
- Insurance, retirement plans, business interests, claims and lawsuits, and digital accounts.
Special powers need your initials
Some powers can change who ends up with your property: making gifts, creating or changing trusts, changing beneficiary designations or survivorship rights, and disclaiming inheritances. Under Florida law (Fla. Stat. §709.2202) your agent can only use these if you signed or initialed next to each one, and many other states also require an express grant. Our form leaves them off by default and adds an initials line for each one you choose.
Immediate or springing?
Most people make the power effective right away and simply ask the agent not to use it until needed. A springing power only starts when a doctor certifies incapacity, which can delay things when it matters. Florida does not allow springing powers (§709.2108). Texas allows the wording "This power of attorney becomes effective on the disability or incapacity of the principal" (Estates Code §751.0021).
How to sign it
Your state decides. See our requirements by state table. If your agent will sign real estate documents, use a notary even where witnesses are an alternative, because recorders need an acknowledged document. In Texas, a power of attorney used for recorded real estate transactions must itself be recorded with the county clerk (§751.151).
Choosing your agent
Pick someone honest, organized and willing, and name a successor. An agent must keep your money separate from theirs, keep records and act only in your interest. Our paid signing packet includes an agent acceptance page that spells out these duties.
Frequently asked questions
What makes a power of attorney durable?
Words saying it keeps working if you become incapacitated. Texas law gives the example "This power of attorney is not affected by subsequent disability or incapacity of the principal", and Florida's statute has its own sentence. Our form uses the right words for your state.
Does a durable power of attorney need to be notarized?
In many states, yes. Texas requires a notary acknowledgment, Florida requires a notary and two witnesses, Illinois and Georgia require a notary and one witness, and Maryland requires a notary and two witnesses. California and Michigan accept a notary or two witnesses.
Does a durable power of attorney cover medical decisions?
No. A durable financial power of attorney covers money and property. Use a separate medical power of attorney for health care decisions.
Can my agent change my will or beneficiaries?
An agent can never sign a will for you. Changing beneficiaries, making gifts or creating trusts is only allowed if you expressly grant that special power, which our form handles with initials lines.
What is a springing durable power of attorney?
One that only starts when a doctor certifies you're incapacitated. It avoids giving power early, but banks may ask for proof, and Florida doesn't allow springing powers signed after October 1, 2011.
Does it end when I die?
Yes. All powers of attorney end at death. Your executor or the person named under your state's law handles your estate after that.