A Durable Power of Attorney is an agreement between an individual (called the “Principal”) and designated agent to act on behalf of that Principal. The Durable Power of Attorney can be effective on execution or can be springing, only coming into effect upon the Principal’s incapacity. Although standard forms are available, this is a powerful document that should be drafted carefully to help meet the individual client’s needs. A poorly drafted Durable Power of Attorney may not provide the designated agent with the powers needed to fully act on behalf of the principal, leaving the agent and/or family in a position to seek guardianship. Further, a poorly drafted durable power of attorney can also cause unintended tax consequences for the designated agent. It is highly recommended that you seek an attorney who understands the impact of these documents and can draft a Durable Power of Attorney that will meet your needs and avoid unintended consequences.