A durable power of attorney can be used in conjunction with a revocable living trust to manage your assets if you are unable to do so.  It grants a person of your choice (“attorney in fact”) the legal authority to manage your assets during your lifetime in the event you become incapacitated. 

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You appoint someone as you “Attorney in Fact” to act on your behalf, but they are not usually an actual attorney at law.  The person you select will have the authority to act on your behalf on a wide range of important matters.  Be sure that you take time to consider this decision carefully. 

This person may be:

    1.  A family member, or

    2.  A friend.

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Durable It is called “durable” because the authorization to act on your behalf continues even after you become incapacitated.

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Springing Durable Power of Attorney

Your Durable Power of Attorney can be designed to NOT allow your attorney in fact to act on your behalf until you become incapacitated.  Therefore, you will have complete control over your affairs until you are incapacitated.