Does a Durable Power of Attorney Need To Be Notarized?

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OneNotary Team

July 1, 2021

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There may be situations where you require a power of attorney; however, there may be other situations where you require a durable power of attorney. This is an important document that could empower someone to handle essential matters related to finances, healthcare, real estate, and other vital issues if you become incapacitated. What is this general durable power of attorney, and what does this mean?

What Is a Durable Power of Attorney?

A power of attorney authorizes someone else to handle certain matters on behalf of that specific individual. If you give someone else power of attorney over specific issues, they might be able to make crucial decisions on your behalf. Specifically, a durable power of attorney means that it is triggered if you cannot make decisions independently. This can help you plan for medical emergencies and serious financial situations if you decline mental functioning. This can also eliminate a lot of confusion if family members are forced to make tough decisions for you.

Types of Durable POA

In general, there are two different types of durable powers of attorney, sometimes called a dual power of attorney. The first is a durable power of attorney for financial matters. This means that someone else can make financial decisions on your behalf if you cannot do so for yourself.

The other durable power of attorney is a medical durable power of attorney. This is someone who will make medical decisions for you if you cannot do so for yourself. Notably, there are other types of powers of attorney as well; however, they might not be considered durable.

What Does a Durable Power of Attorney Do?

power of attorney

There are several key situations where someone might be able to make crucial decisions on your behalf. If you have given someone durable financial power of attorney if you or incapacitated, they can:

  • Buy and sell property on your behalf
  • Manage bank accounts for you
  • File tax returns on your behalf
  • Apply for government benefits that may be appropriate for you

In addition, if you have given someone durable power of attorney over your medical decisions, they may be able to make major decisions on your behalf as well, including:

  • Deciding which prescription medications are right for you
  • Deciding whether or not to undergo a surgical procedure
  • Agreeing to admissions and discharges from hospitals
  • Deciding what diagnostic tests are suitable for you

For all of these reasons, it is important to think carefully about who is going to be given a durable power of attorney.

How To Get a Durable Power of Attorney

If you are interested in getting a durable power of attorney, it may be helpful to look at some of the online forms. In addition, it is also a good idea to speak to an attorney about specific estate planning needs. That way, any specific matters can be addressed before this process gets underway. It is important to understand exactly what this power of attorney will have control over after it is filled out.

Does a DPOA Need To Be Notarized?

Yes, a durable power of attorney always has to be notarized. This is an important document that has to go to the notary process to verify that everyone understands the information included in the form. In addition, the notary will be responsible for making sure the form has been filled out properly. Because this is a significant decision, everyone needs to understand exactly what is being signed. This is the role of the notary.

How To Get a Durable Power of Attorney Notarized Online

Online Notary Services

Even though it is possible to get a durable power of attorney notarized by a physical notary, it is also possible to do this online. A lot of people prefer to get this form notarized online because it saves them time and money. In order to get a power of attorney notarized online through a service such as OneNotary, a few important steps include:

  • Visit the website, take a look at the schedule, and select an available time that matches your schedule.
  • Click on the link from the email invitation to make sure all forms have been uploaded appropriately.
  • Answer a few questions to verify your identity based on your history.
  • When the appointment time comes around, visit the website to start the video conference.
  • After the meeting is finished, wait a few minutes until the forms have been notarized. Then, download them and submit them.

Getting your forms notarized online is a great way to keep from driving from place to place to find a physical notary.

Frequently Asked Questions About a Durable POA

A few common questions people have about a durable power of attorney include:

What is the difference between a power of attorney and durable power of attorney?

A typical power of attorney expires if you are medically incompetent, but a durable power of attorney stays in place, making it effective even if you incapacitated.

Why would someone want a durable power of attorney?

The entire purpose of a durable power of attorney is to plan for medical or health emergencies that take place later in life. This includes cognitive decline. If you are unable to make decisions for yourself, someone else can step in for you.

Why is a durable power of attorney called durable?

A durable power of attorney is called durable because it stays in place even if you become mentally incapacitated.