The Durable Power of Attorney allows you to express your wishes in a legal form and gives your attorney in fact the required power to implement them for you. You can revoke this power at any time as long as you're competent
If you click here you will be taken to a site which further explains the Durable Power of Attorney and offers secure online ordering of a kit to draft your own Durable Power of Attorney with simple fill-in-the-blank forms.
This Legal Assistance site answers your questions about Living Wills and Durable Powers of Attorney and also provides a good worksheet to help you understand what information needs to be in these documents.
What is an Enduring Power of Attorney? In Canada and other countries, the Enduring Power of Attorney is used.
There are two types of Enduring Powers of Attorney. One for personal care and welfare and the other for property (your possessions and assets). An Enduring Power of Attorney for personal care and welfare can only come into effect if you become mentally incapable. Mentally incapable means the inability to understand the effect of any decisions which may be made relating to a person's personal care and welfare. An example of when this would be is where a decision is required for a person with Alzheimer's disease who needs to be placed in care. Under an Enduring Power of Attorney for personal care and welfare only a private person can be appointed. It is common for this person to be a member of the donor's family.
An Enduring Power of Attorney relating to property contains several features. The person giving the Power of Attorney can choose when the Enduring Power of Attorney comes into effect. The options are: immediately the document is signed (if a person wishes someone else to manage his or her affairs from the date of signing); at some specified time in the future; or if the person giving the Power of Attorney becomes mentally incapable. "Mentally incapable" in relation to property means that the person giving the Power of Attorney cannot manage his or her property affairs.
In addition an Enduring Power of Attorney relating to property has the following further features: The person giving the Power of Attorney can decide whether it covers all of his or her property or just specific assets.
The person giving the Power of Attorney can decide whether there are particular conditions he or she would wish to impose upon the use of the Power of Attorney.
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