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Durable (Financial) Power of Attorney Form

A durable power of attorney (DPOA) form allows an individual (principal) to select someone else (agent) to handle their financial affairs while they are alive. The term "durable" refers to the form remaining valid even if the principal becomes incapacitated.
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Updated June 28, 2024

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By State

How to Get Durable Power of Attorney (5 steps)

USA Statistics

  • 43% of those 55 and over fear not having an agent to manage their affairs;[2]
  • 13.9% of aged 71 years and older have some type of dementia;[3]
  • 34% of people say their biggest fear is dying with dementia;[4]
  • 52% of adult children don’t know where their parents store estate documents.[5]

1. Download the Statutory Form

Use the statutory form as required by the State where the principal resides. If unsure, use the jurisdiction mentioned on the driver’s license fo the principal.

2. Select the Financial Powers

The principal must choose which financial powers the agent will have. It is most common to give all powers to the agent.

3. Choose When Effective

The principal will have to decide if the form will be effective immediately or if it will be effective upon the principal’s disability (springing).

Disability is determined under State law and is commonly decided by a licensed physician.

4. Signing

A durable power of attorney must be executed with the signing requirements in the State where the principal resides.

5. Storing the Form

After the form has been legally authorized, the principal should keep it in a safe place, with more than one person knowing its location. It is recommended that the principal, the agent, and the principal’s attorney have a signed copy.

Statutory Forms

By State
State Statutory Form Statute
Alabama PDF § 26-1A-301
Alaska PDF AS § 13.26.645
Arizona – –
Arkansas PDF § 28-68-301
California PDF Probate Code § 4401
Colorado PDF § 15-14-741
Connecticut PDF Sec. 1-352
Delaware PDF § 49A-301
District of Columbia PDF § 21–2603.01
Florida – –
Georgia PDF § 10-6B-70
Hawaii PDF § 551E‑51
Idaho PDF § 15-12-301
Illinois PDF 755 ILCS 45/3-3
Indiana – –
Iowa PDF § 633B.301
Kansas – –
Kentucky PDF § 457.420
Louisiana – –
Maine – –
Maryland PDF § 17–202
Massachusetts – –
Michigan – –
Minnesota PDF § 523.23
Mississippi – –
Missouri – –
Montana PDF § 72-31-353
Nebraska PDF § 30-4041
Nevada PDF NRS 162A.620
New Hampshire PDF § 564-E:301
New Jersey – –
New Mexico PDF § 45-5B-301
New York PDF Gen. Oblig. Law § 5-1513
North Carolina PDF § 32C-3-301
North Dakota – –
Ohio PDF § 1337.60
Oklahoma PDF 58 Okl. St. Ann. § 3041
Oregon – –
Pennsylvania – –
Rhode Island PDF § 18-16-2
South Carolina – –
South Dakota PDF § 59-12-41
Tennessee – –
Texas PDF Estate Code § 752.051
Utah PDF § 75-9-301
Vermont PDF 14 V.S.A. § 4051
Virginia – –
Washington – –
West Virginia PDF § 39B-3-101
Wisconsin PDF § 244.61
Wyoming PDF § 3-9-301

Signing Requirements

By State
State Signing Requirements Statute
Alabama Notary Public § 26-1A-105
Alaska Notary Public AS 13.26.600(2)
Arizona Notary Public and 1 Witness ARS § 14-5501
Arkansas Notary Public § 28-68-105
California Notary Public or 2 Witnesses § 4402(c)
Colorado Notary Public § 15-14-705
Connecticut Notary Public and 2 Witnesses § 1-350d
Delaware Notary Public and 1 Witness § 49A-105
District of Columbia Notary Public § 21–2601.05
Florida Notary Public and 2 Witnesses § 709.2105
Georgia Notary Public and 1 Witness § 10-6B-5
Hawaii Notary Public § 551E-3
Idaho Notary Public § 15-12-105
Illinois Notary Public and 1 Witness § 755 ILCS 45/3-3
Indiana Notary Public or 2 Witnesses IC 30-5-4-1
Iowa Notary Public § 633B.105
Kansas Notary Public § 58-652(3)
Kentucky Notary Public § 457.050
Louisiana No Statute
Maine Notary Public § 5-905(1)
Maryland Notary Public and 2 Witnesses § 17–110
Massachusetts 2 Witnesses § 5-103
Michigan Notary Public or 2 Witnesses § 700-5501(2)
Minnesota Notary Public § 523.01
Mississippi Notary Public § 87-3-105
Missouri Notary Public § 404.705(3)
Montana Notary Public § 72-31-305
Nebraska Notary Public § 30-4005
Nevada Notary Public § 162A.220(1)
New Hampshire Notary Public § 564-E:105
New Jersey Notary Public § 46:2B-8.9
New Mexico Notary Public § 45-5B-105
New York Notary Public and 2 Witnesses § 5-1501B
North Carolina Notary Public § 32C-1-105
North Dakota No Statute
Ohio Notary Public § 1337.25
Oklahoma Notary Public § 3005
Oregon No Statute
Pennsylvania Notary Public and 2 Witnesses § 5601(b)(3)
Rhode Island Notary Public § 18-16-2
South Carolina Notary Public and 2 Witnesses § 62-8-105
South Dakota Notary Public § 59-12-4
Tennessee No Statute
Texas Notary Public § 751.0021
Utah Notary Public § 75-9-105
Vermont Notary Public 14 V.S.A. § 4005
Virginia Notary Public § 64.2-1603
Washington Notary Public or 2 Witnesses § 11.125.050
West Virginia Notary Public § 39B-1-105
Wisconsin Notary Public § 244.05
Wyoming Notary Public § 3-9-105

Video

Sources

  1. Uniform Power of Attorney Act – Section 102(2) (page 12)
  2. 2018 Merrill Report – Leaving a Legacy: A lasting gift to loved ones (page 20)
  3. NIH.gov – 2001 to 2003 Study (One in Seven Americans Age 71 and Older Has Some Type of Dementia)
  4. 2018 Merrill Report – Leaving a Legacy: A lasting gift to loved ones (page 14)
  5. 2022 Cambridge Trust – Bridging the Gap: The Importance of Estate Planning Through Generations