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Can Durable PoA become effective immediately even if I am still competent?

Fort Smith, AR |

I just want my daughter to be able to sign for now me if I can't. Not to wait until I'm incompetent.

Attorney Answers 4


  1. Best answer

    I agree with Attorneys Bell and Scholl. Unless the power of attorney is a "springing" power of attorney (which comes into play when a person is incapacitated), the power of attorney is likely to come into existence as soon as it is executed. Please have your attorney review the document and confirm that it will be effective upon signing. Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.


  2. Generally a durable POA would become effective immediately, but make sure that language is in the POA document.


  3. A Durable Power of Attorney can become effective immediately upon signing. The "durable component" does not refer to when it becomes effective, but rather specifies that the powers granted will continue even after (if) you become incapacitated.

    This response is for information purposes only, it does not create any attorney-client relationship. Responses to questions posted on this Forum are of a general nature only. Because it is not possible to have all of the facts of your issue addressed in this forum, you should consult with an attorney to review the unique circumstances specific to your situation. www.TheSchollLawFirm.com


  4. Aside from a springing POA, one method of protecting your self while still competent is to execute a power of attorney, but not deliver it. Tell the person to whom it is granted how he or she can get it, should it be needed. That way you are not giving them control now but its is there should the need arise. If you cannot trust the person with at least that much information now, then I would rethink granting him or her a POA.

    All responses to these questions are meant for general purposes. Outcomes in all legal cases depend on combinations of many factors, facts and details which cannot be adequately discussed here. No attorney client relationship is created or intended and I strongly recommend that you actually consult with an attorney before deciding on any course of action.

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