What is a power of attorney
A power of attorney is a legal document in which one person, the principal, names another, the agent, to act for them in money or legal matters. A durable one keeps working if the principal loses the ability to decide; a springing one starts only at a set event. Health decisions are usually covered by a separate health care proxy. It must be signed while the person can still decide.
Why it matters: Without one, a family may need a court's permission to pay a parent's bills.
Steps
- Learn the roles: the principal gives the power, the agent uses it.
- Ask whether an existing document is durable, meaning it continues if the principal cannot decide.
- Check whether it is general or limited to certain accounts or tasks.
- Note whether it starts now or only at a set event.
- Keep health decisions separate: those are usually in a health care proxy.
- Ask a lawyer to draft or review it under your state's law.
- Give copies to the agent and the banks that will need them.
Stop and call a professional if
- you need a document drafted, or to know what a form means under your state's law: ask an estate or family law attorney or a legal aid office
- you suspect someone is misusing a power of attorney: contact adult protective services or a lawyer
Questions to ask the professional
- Is this power of attorney durable under our state's law?
- Will the banks accept this form?
Common mistakes
- Waiting until the person can no longer decide.
- Using an online form without checking state requirements.
- Assuming a power of attorney covers health decisions.
Outside the US or in another state: Requirements for signing, witnesses and notaries vary by state and country.
Teach this to someone
A one page sheet for showing a friend, a teenager or a parent: what to say, what to show, and one question to check it landed.
Teach: What is a power of attorney
What to say
A power of attorney is a legal document in which one person, the principal, names another, the agent, to act for them in money or legal matters. A durable one keeps working if the principal loses the ability to decide; a springing one starts only at a set event. Health decisions are usually covered by a separate health care proxy. It must be signed while the person can still decide.
What to show
- Learn the roles: the principal gives the power, the agent uses it.
- Ask whether an existing document is durable, meaning it continues if the principal cannot decide.
- Check whether it is general or limited to certain accounts or tasks.
- Note whether it starts now or only at a set event.
- Keep health decisions separate: those are usually in a health care proxy.
- Ask a lawyer to draft or review it under your state's law.
- Give copies to the agent and the banks that will need them.
Where it stops
Stop and call a professional if you need a document drafted, or to know what a form means under your state's law: ask an estate or family law attorney or a legal aid office.
Check question
What does durable mean in a power of attorney?
Answer: It keeps working if the principal cannot decide. A non durable one may end exactly when it is needed.
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Related skills
Sources
- State bar association consumer guides on estate and health care documents, 2025. Reviewed September 28, 2026.
Written in our own words from the sources above. It is general information, not advice for your situation; where a professional, your doctor or your lease says something different, follow them.
Last reviewed . First published .