ABA Family Legal Guide

The Rights of Older Americans

A Right to Control Your Own Affairs

Durable Power of Attorney

Do I need a lawyer to write a durable power of attorney?

While not required, it is advisable to contact a lawyer to draft your durable power of attorney for property. A lawyer should make sure that your document meets your state's requirements and that the powers you wish to give your agent are actually spelled out in language that will be legally effective.

Some powers may not be presumed to be within the scope of the power of attorney unless they are specifically spelled out--for example, the power to make gifts or loans or file tax returns. Some states require a specific format or specific wording in the document. Certain states provide a do-it-yourself short-form durable power of attorney that allows you to check off the powers to be granted to the agent, with state law providing an interpretation of what each power means. Even with these simplified forms, legal consultation is advisable.