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ABA Family Legal Guide
The Rights of Older Americans
A Right to Control Your Own Affairs
Durable Power of Attorney
- What may I do to make sure that people consider my wishes if I become incapacitated?
- What is a power of attorney?
- Will a power of attorney be valid if I become mentally incapacitated or incompetent?
- Whom should I name as my agent under a durable power of attorney? Does the person have to be a lawyer?
- What if I do not want a power of attorney to take effect now, but only if I become disabled or incapacitated?
- Do I need a lawyer to write a durable power of attorney?
- My father has Alzheimer's disease. I would like him to appoint me to act for him under a durable power of attorney, since he can no longer manage on his own. May he do this now, or is it too late?
- Who decides whether I'm incapacitated?
Copyright © 2004 American Bar Association