Free Non-Durable Power of Attorney Template

The exact requirements and authorities in a non-durable POA may vary by state. Legal Templates offers state-specific documents to ensure a compliant and enforceable contract.

The main difference between non-durable and durable powers of attorney is the agent’s ability to act after the principal’s incapacitation. A non-durable agreement ends when the principal no longer has the mental ability to understand the terms or the agent’s actions.

A durable POA allows an agent to maintain their authority while the principal is incapacitated. The continuation of power makes a durable POA a popular choice for estate planning and medical decisions. Typically, a durable contract lasts until the principal’s death unless it is revoked sooner. Many state POA laws include a presumption of durability. This means that all forms are assumed to be durable unless stated otherwise.

Thirty-two states also operate under the Uniform Power of Attorney Act. This act requires notarization for all POAs and includes terms for general and specific authorities. Check your state and local laws for general power of attorney requirements.

The most prominent characteristic of a non-durable power of attorney is when it terminates. A non-durable arrangement ends the agent’s authority according to the following events:

• Fulfills its purpose: If the principal names a specific purpose, the agent’s authority ends after meeting the goal. This may include a particular transaction, legal filing, or medical treatment.
• Expiration date: Some agreements may have a named end date. In this case, the agent cannot act after this date.
• Principal’s incapacity: Non-durable POAs revoke the agent’s ability when the principal becomes incapacitated. Typically, the courts declare incapacitation according to the state’s legal definitions if there is no agreement by the agent.
• Principal’s death: If the principal passes, their death will end the agreement. Both durable and non-durable contracts end at the time of the principal’s death.
• Divorce: If the principal’s spouse acts as their agent, filing for a divorce or legal separation ends the agreement unless the document states otherwise. The exact requirements for a revocation due to divorce may vary by state.

Writing your non-durable POA requires you to consider and record your desired terms. Include the exact powers and limitations you want for your agent. Create an effective non-durable power of attorney form with the following steps:

1. Name the principal and agent: Provide the full legal names and addresses for both the principal and agent. You may also include any successor agents.
2. Sign general authorities: Select which of the general authorities you want your agent to have. General powers include creating trusts, handling property, and accessing bank accounts.
3. Select specific powers: Also authorized specific powers for the agent. Actions that need specific statements include making gifts, creating trusts, and editing beneficiaries.
4. Add special instructions: Provide custom instructions to guide the agent and protect your wishes.
5. Choose a guardian: For extra protection, you can name a guardian to represent your estate and person. However, your guardian nomination may not be legally binding if the POA ends before estate proceedings begin.
6. Set the effective date: Note when you want your general POA to become effective. Unless otherwise specified, the contract will begin at the time of signing.
7. Finalize and sign: Review your document and ensure each authority aligns with your goals. Once satisfied, sign and date the form and fulfill the required notarization.

State laws generally require a notary public to acknowledge a non-durable power of attorney. Notarization makes the contract assumed genuine, but it is not always legally necessary. View the table below for state-specific witness and notarization requirements.

View our free non-durable (general) power of attorney template for the correct structure and information. Our customizable forms are available in PDF & Word formats.