What is a Durable Power of Attorney Form?

A durable power of attorney form is made to help you plan for unfortunate events such as a serious injury or illness. With a durable power of attorney form you can appoint someone to legally act on your behalf, which is called a “agent” or “attorney-in-fact”. On the form you can limit your agent to act on your behalf for a limited or very specific task or event. You could appoint a family member, advisor, or a trustworthy friend or institution like a bank.

The difference between a durable power of attorney and a regular power of attorney is that a durable power of attorney will still be legally valid even if you become incompetent or unable to make your own decisions. With a regular power of attorney it will become legally invalid if you become unable to make your own decisions. All fifty states now permit the use of a durable power of attorney, and it can not be revoked simply because the ‘principal’ becomes incapacitated or mentally incompetent. Upon death though, your durable power of attorney will be immediately revoked.

Mainly, a durable power of attorney is used for convenience purposes. Suppose you have your home listed for sale, and you could not be in town to complete the legal transcation. You can use a durable power of attorney to a appoint a ‘attorney-in-fact’ to manage these kind of transactions, and you could have your ‘agent’ complete the transcation legally for you. Your agent can sign the documents, and negotiate the sale for you.

Also, you can revoke a durable power of attorney anytime, as long as your competent. To revoke it simply sent your agent a written notice notifying him or her that the document has been revoked. Once your agent has notice of your revocation, the agent can no longer legally act on your behalf. Doing so would be illegal, although any actions taken prior to the date of the revocation is still legal.

Another thing you could do is make your durable power of attorney effective only upon your incapacitation. This document is often referred as the “springing” durable power of attorney. This is because it “springs to life” on a specific occurence in the future; your incapacity. Its important to include a detailed definition of “disability” to make it perfectly clear when your agent can act on your behalf.

Don’t procrastinate, executing a durable power of attorney can help you manage your life and protect your family in case you become seriously injured or incapacitated.

This article has been brought to you by Legal Forms Bank .Biz where you will find your state’s legal forms online. Helping you file your own legal forms is our goal. We have your state’s Durable Power of Attorney Form and Power of Attorney Child form.

Prenuptial Agreements - Do’s and Dont’s

Unless your a lawyer, you probably don’t really know much about prenuptial agreements. For example, did you know that prenuptial agreements that “promote divorce” are unenforceable? Or that you can’t put anything in your prenup about religion, child custody, and damages for cheating? Before you try to take a wack at filing your own prenup, learn what you can and can’t do.

It can be tough to get over the biases of asking your wife/husband to sign a prenup. A lot of people wonder how they can ask their partner to sign a prenup without insulting them. Filing a prenup is like a car or life insurance policy. You never expect to be in a sudden or accidential death but most people still get a life insurance policy. Over 50% of married couples end up getting divorced, when the chances are one out of two, its crazy not to have a prenup. Although a prenup may not protect you from all your problems that come from divorce, if properly drafted, it will definately limit them.

Another question a lot of people ask is whats the point of a prenuptial agreement? The answer is protection of property, providing or not providing alimony, and the preservation of seperate property and debt. In this day in age this can be extremely important, without a backup plan or prenup, a divorce and completely ruin you financially.

Finally, a lot of people want to know exactly what can and can not be put into a prenup. If you’d like to learn more about the law surrounding prenups you can read Family Code sections 1600 et seq., also known as the Uniform Premarital Agreement Act. There you can find more specifically what exactly you can and can’t put into a prenuptial agreement.

Filing a prenup can be stressful, but it’s worth it when its over. The protection it offers you in case of divorce will prevent your bank account and property from being devastated.

This article was brought to you by Legal Forms Bank .Biz, a leading provider of U.S. legal forms online. They have your state’s prenuptial agreement form and residential lease.