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Do you want to talk to a lawyer about your estate planning needs?

You may have a unique situation or have specific questions about what is right for you and your family. In these cases, it may be best to talk to an attorney.
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  • Caring for children with special needs
  • Establishing and maintaining trusts
  • …and any other concerns you have!
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Do you have children from a previous relationship or a child with special needs?

There are special considerations to make if you have a blended family or a child with special needs. In these cases, it may be best to talk to an attorney.
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Our directory of experienced, local attorneys can help you with circumstances such as:
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  • Caring for children with special needs
  • Establishing and maintaining trusts
  • …and any other concerns you have!
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Do you have a large estate or an interest in more advanced estate planning tools like trusts?

If your estate equals or exceeds a value of $1 million, or needs special estate planning tools like trusts, it may be best to talk with an attorney.
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a FindLaw Attorney

Our directory of experienced, local attorneys can help you with circumstances such as:
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  • Being part of a blended family
  • Caring for children with special needs
  • Establishing and maintaining trusts
  • …and any other concerns you have!
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Are you looking to have your estate planning basics covered?

Our Estate Planning Package includes a Last Will & Testament, Health Care Directive & Living Will, and Financial Power of Attorney to cover all of your basic estate planning needs.
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Do you have a spouse with similar needs?

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Do you have minor children?

If you have minor children, you will want to name a guardian for them.
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Do you have pets?

If you have a pet or pets, you will want to name someone to care for them.
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Do you want to leave gifts to people or a charity?

If you want to give items or money to people or charities, you will want to make what are known as “specific gifts.”
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Do you own a business?

If you own a business or a share of a business, you will want to plan for succession of ownership.
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Do you want to decide how your property is distributed when you pass away?

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Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.
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Do you have a spouse with similar needs?

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Do you have a spouse with similar needs?

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Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

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Do you have a spouse with similar needs?

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Do you have a spouse with similar needs?

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Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.
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Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

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Do you have a spouse with similar needs?

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Do you have a spouse with similar needs?

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Understood! Last question…

Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

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Good to know! How about this next one?

Do you have a spouse with similar needs?

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Thank you for taking our quiz!
Your answers suggest you might benefit from:

Speaking with
a FindLaw Attorney

Our directory of experienced, local attorneys can help you with circumstances such as:
What’s included:
  • Being part of a blended family
  • Caring for children with special needs
  • Establishing and maintaining trusts
  • …and any other concerns you have!
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All done! Based on your answers, we recommend:

Estate Planning Package

For One person

$135
What’s included:
  • Last will and testament
  • Living will
  • Power of attorney
  • Free HIPAA release form
  • A comprehensive plan — for less
  • Free changes and revisions for up to one year after purchase
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Power of Attorney

For one person

$39
What’s included:
  • Step-by-step guided process
  • A power of attorney that’s tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free changes and revisions to your will for up to one full year after purchase
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All done! Based on your answers, we recommend:

Living Will

For One Person

$39
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
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Last Will and Testament

For One Person

$79
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
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All done! Based on your answers, we recommend:

Estate Planning Package

For two people

$255
What’s included:
  • Two wills, living wills, and powers of attorney
  • Two free HIPAA release forms
  • You and your loved one create your own estate plans tailored to your individual needs
  • Attorney-approved documents customized to your state’s laws
  • Free changes and revisions for up to one year after purchase
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All done! Based on your answers, we recommend:

Power of Attorney

For two people

$78
What’s included:
  • Step-by-step guided process
  • A power of attorney that’s tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free changes and revisions to your will for up to one full year after purchase
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All done! Based on your answers, we recommend:

Living Will

For Two People

$78
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
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Last Will and Testament

For Two People

$149
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
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All done! Based on your answers, we recommend:

Living Will + Power of Attorney

For one person

$78
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
  • A power of attorney that’s tailored to your needs
  • Free changes and revisions to your will for up to one full year after purchase
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Power of Attorney

For one person

$118
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A power of attorney that’s tailored to your needs
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All done! Based on your answers, we recommend:

Last Will and Testament + Living Will

For One Person

$118
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A living will tailored to your needs
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
Close

All done! Based on your answers, we recommend:

Living Will + Power of Attorney

For two people

$156
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
  • A power of attorney that’s tailored to your needs
  • Free changes and revisions to your will for up to one full year after purchase
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Power of Attorney

For two people

$227
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A power of attorney that’s tailored to your needs
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Living Will

For Two People

$227
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A living will tailored to your needs
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase

What Rights Does a Durable Power of Attorney Have?

Signing a power of attorney document gives someone (an agent or attorney-in-fact) legal authority to act on behalf of another (the principal). But what rights does an attorney-in-fact have?

Table of Contents

Types of Power of Attorney

A power of attorney (POA) directs when the agent’s authority begins and ends and outlines the authority granted. There are different types of power of attorney documents:

  • A limited power of attorney gives the agent authority for a specific timeframe or task. For example, they may act on the principal’s behalf in a real estate purchase. They take on the role of agent and can sign legal documents related to that purchase. Once the purchase is complete, their authority ends. Or a principal can date a power of attorney when they are unavailable (for example, traveling outside the country). The power of attorney limits the authority to that specific timeframe.
  • A springing power of attorney becomes effective when an event or particular situation occurs. Usually, that situation is the principal’s incapacitation, meaning when the principal can no longer manage their affairs.
  • durable power of attorney is effective once signed unless the principal specifies another effective date. This power of attorney remains in effect even if the principal is subsequently incapacitated, thereby making it “durable.” This type of power of attorney ends upon the principal’s death or by revocation by the principal.

This article looks at the rights provided by a durable power of attorney document.

The Power of Attorney Form Defines the Powers Given

There are generally three purposes for which a person creates a power of attorney:

  • To handle financial decisions
  • To handle medical decisions
  • To handle all decisions in case of incapacity (addressing both financial and medical decisions)

Financial Power of Attorney

financial power of attorney gives an agent authority to handle financial matters on behalf of the principal. The agent has a fiduciary duty to act in the principal’s best interest in all financial affairs.

Within the financial power of attorney document, the principal may grant the following powers:

  • Buy or sell real estate
  • Manage stocks, bonds, securities, and financial investments
  • Exercise rights to buy or sell securities
  • Handle all banking activities
  • Access a safe deposit box
  • Take out a loan
  • Manage a business entity or buy or sell a business
  • Buy or sell insurance policies (Note: They can’t change the beneficiary of an insurance policy.)
  • Defend a claim or lawsuit or initiate a claim on the principal’s behalf
  • Pay bills, tuition, etc., to support the family’s standard of living
  • Handle government benefits such as Medicare, Medicaid, Social Security, and military benefits
  • Manage retirement benefits, pensions, and annuities
  • Prepare, file, and pay taxes

You can give your agent the right to access all bank accounts, investment accounts, and retirement accounts.

You can give your agent the right to buy, sell, move funds, invest, etc. However, your agent cannot change beneficiaries on life insurance policies, payable-on-death accounts, or trust funds unless you give specific authorization.

Power of Attorney for Health Care

medical power of attorney gives a trusted person (the agent) the right to make health care decisions. Depending on the state, this person may be referred to as a health care proxy, health care agent, or health care surrogate.

Usually, the agent is a family member. They typically are not healthcare providers and do not have medical knowledge themselves. Ideally, the agent knows the principal’s wishes either verbally or through a living will or advance healthcare directive.

Within the health care power of attorney document, the principal authorizes the agent to have to right to:

  • Access medical information and records
  • Make medical decisions
  • Authorize medical procedures and treatment
  • Choose a hospital or nursing home
  • Follow instructions left by the principal

The agent must be able to access the principal’s medical information. With a power of attorney for health care, they can talk to doctors.

General Power of Attorney

general power of attorney gives an agent broad power to make financial, day-to-day, and medical decisions. Essentially, the agent can make all life decisions for an incapacitated person.

They have the same rights over financial affairs as a probate court grants a conservator of the estate. They can work with the person’s financial institutions to manage their finances. They can buy and sell real estate or a family home (if the power of attorney document specifically states as much).

But they also have a right to make decisions for a person, such as where and with whom they live, what medical treatment they will receive, etc.

Persons suffering from dementia or adult children with severe disabilities may benefit from a general power of attorney. A family member can manage a severely disabled person’s affairs without going through a court proceeding to gain conservatorship.

However, there is a drawback to a general power of attorney. You may prefer having one person as your financial power of attorney agent and another as your health care agent.

Need a Power of Attorney?

A power of attorney conveys strong powers for someone to handle your financial and health care decisions. However, you control your agent’s rights in a power of attorney.

Consider what authority you want to grant your agent. Also, plan to name a backup or successor agent if your first choice is unwilling or unable to serve. In most states, you must sign your power of attorney before a notary public. Know your state’s laws to make your power of attorney legal.

If you need help drafting a valid power of attorney, check out FindLaw’s Estate Planning Forms section for cost-effective solutions.

Estate planning solutions to fit your needs.

Written by:

FindLaw Staff

Contributing Author

Reviewed by:

Catherine Hodder, Esq.

Senior Legal Writer