Granting someone a power of attorney allows him to represent and make decisions on the grantor's behalf. This is often used in legal affairs when the grantor feels it would be better to have an expert in the field take care of the matter and handle the situation to the best of his ability. Durable power of attorney is essentially the same thing but goes further in its function.
What is a durable power of attorney?
While the power of attorney ends if the grantor is incapacitated in some form and can no longer mentally function in the social world, durable power of attorney will allow the donee -- or the person to whom a power of appointment is given -- to continue to make decisions on his client's behalf even when the client has become incapable of reasonable judgment.
Assigning a durable power of attorney is a risky decision and should only be made if the client feels that the donee can be completely trusted to have his best interests in mind. After all, the donee could eventually be the person who will sign papers to decide how long the grantor is kept on life support before he is allowed to pass on.
Needless to say, this level of power of attorney is only used when it's known that the grantor's mental stability will rapidly be decreasing, so much so that he could no longer take care of himself, his business and his personal affairs. Obviously, the biggest risk in giving someone a durable power of attorney is that he will either make decisions that conflict with what the grantor would have wanted or that he will abuse the power for personal gain.
Should you assign someone a durable power of attorney?
Yes and no. Every case is different, so to say that it's a good or bad decision would not be objective. If there is someone who truly cares about the client and will always do what's best for him, then by all means, a durable power of attorney is a great thing for someone who needs to be taken care of in a legal way. However, if there isn't someone who can be trusted to take care of the grantor, assigning durable power of attorney should be avoided.
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