Non-Durable Power of Attorney Template

A non-durable (general) power of attorney (POA) lets you choose a trusted person to make decisions for you. It allows this person to handle your finances and legal matters when you’re not available, which can give you peace of mind. The person’s power to make decisions ends if you become sick and can’t make decisions for yourself anymore, so you always stay in control. This way, you know the person you pick (your “agent”) will only step in when you can guide them.

By State

Table of Contents

• By State
• What Is a Non-Durable Power of Attorney?
• Granting Powers in a Non-Durable POA
• Legal Requirements for a Non-Durable Power of Attorney
• Revocation & Termination
• How to Get a Non-Durable Power of Attorney
• How to Write a Non-Durable Power of Attorney
• Sample Non-Durable Power of Attorney

What Is a Non-Durable Power of Attorney?

A non-durable power of attorney grants an agent authority to act on the behalf of the principal (the person who creates the document) in specific matters. The agent’s authority expires once the principal can no longer make decisions on their own.

The primary purpose of a non-durable POA is to assign temporary decision-making powers for a defined period or specific tasks. It lets a principal ensure a trusted agent can handle temporary tasks that don’t need long-term oversight.

When to Use a Non-Durable Power of Attorney

This document is useful when you cannot be present to execute certain tasks and you need someone with legal authority to complete them for you. Here are some specific instances when using a non-durable power of attorney is helpful:

• permit someone to access a safe deposit box, write a check, or deposit/withdraw funds on your behalf
• let an agent complete a vehicle sale or purchase for you
• allow an attorney-in-fact to reallocate funds or make other investing decisions for you
• authorize a trusted person to complete a real estate deal when you’re away
• let someone retrieve or sign legal documents on your behalf
• give someone permission to manage your legal and financial affairs while traveling for a short period
• let someone appear in court on your behalf

Granting Powers in a Non-Durable POA

The principal can grant broad or limited authority in a non-durable power of attorney, depending on their specific needs and intentions. For example, they can determine to grant only financial decision-making powers and no authority over legal matters. They can also further define what financial powers they want to grant, if any.

A principal can limit or restrict the agent’s powers in the following ways:

• specify that the agent can only handle a particular matter, such as a single real estate or banking transaction
• set the POA to expire on a specific date, which means the agent can only exercise their authority during a set time range
• exclude actions the agent is allowed to take.

For example, the principal may not want the agent to give money as a gift to other parties while they have financial authority. The principal should set limitations and restrictions to carefully regulate authority and ensure the agent acts in their best interests.

Legal Requirements for a Non-Durable Power of Attorney

To ensure a non-durable power of attorney is legally binding and effective immediately, it must include the following essential legal elements:

• Principal’s Competence: The principal must be mentally competent when they sign the document and understand the powers they grant.
• Clear Intent: Clearly state the document’s intent and specify the limited nature of its authority.
• Agent Designation: Appoint at least one agent who will receive authority and provide their contact information.
• Scope of Authority: Explain the powers that the agent can take on the principal’s behalf.
• Effective Date: Declare when the document goes into effect.
• Duration: Specify that the document ends upon the principal’s incapacitation.

State-Specific Requirements

A non-durable POA must abide by state-specific requirements, including limits on the types of authority a principal can grant or revocation requirements.

Signing requirements also differ between states. Some states require witnesses, a notary, or both to be present when the principal signs the short-term power of attorney. A witness or notary must also typically sign a witness statement or notary acknowledgment. Explore the state-specific signing requirements below:

Revocation & Termination

The principal can revoke a non-durable power of attorney at any time, but they must be mentally competent to do so. They can submit written notice to the agent and all third parties involved to complete the revocation.

While a non-durable POA can expire via the principal’s revocation, other events can also result in termination of the agent’s authority:

• Completion of Purpose: The agent fulfills the document’s task or purpose.
• Expiration Date Arrives: The document’s specified expiration date arrives.
• Principal’s Incapacity: The principal becomes incapacitated and unable to make decisions.
• Principal’s Death: The principal dies, at which point authority shifts to the estate’s executor.

Adherence to these revocation and termination conditions ensures the document serves its purpose and does not overextend the agent’s authority.

How to Get a Non-Durable Power of Attorney

Obtaining a non-durable power of attorney is simpler than you may think and can be a valuable way to ensure your affairs are handled smoothly:

1. Choose a Trusted Agent

A power of attorney can grant your agent significant power over certain financial and legal matters. Select someone you can trust to act in good faith. This legal representative should be willing and able to handle any tasks and powers granted under the non-durable POA.

You may designate a second agent if your selected agent becomes unavailable.

2. Clearly Define the Powers

Choose the powers you want your agent to have. Determine if you want them to have authority over several aspects of your financial and legal affairs or just specific tasks.

3. Draft the Document

Use a state-specific template to draft your non-durable POA. Hire an estate planning lawyer to ensure the document fulfills all legal standards and accurately reflects what powers you wish to include.

4. Sign the Document Before a Notary

Sign the document before a notary and witness(es) if necessary. Even if your state doesn’t have specific guidelines for non-durable POA notarization requirements, you can still seek notary acknowledgment to increase the document’s validity.

5. Revise or Revoke If Needed

Review your non-durable POA periodically and after major life events to ensure it still aligns with your preferences.

The simplest way to revise your non-durable POA is to create a new one and state that the new one revokes all previous ones in place. If you no longer need an agent to manage your affairs, you can create a revocation of power of attorney.

How to Write a Non-Durable Power of Attorney

A complete and detailed non-durable power of attorney is critical to protect both the agent and principal. Start with a fillable non-durable POA template, then follow these steps to ensure the document includes all the necessary details:

1. Agent Designation

Enter the principal’s name and address as the authorizing entity. Record the full name and address of the agent and optional co-agent designated under the POA. In addition, provide the name and address of a successor agent and optional second successor agent should your primary agent be unable or unwilling to act for you.

2. General Authority

Establish the general authority you grant your agent or successor agent. Initial all subjects that apply. Select “(N) All Preceding Subjects” if you wish to grant your agent authority over all the subjects.

3. Specific Authority

Grant specific authority for activities the agent can perform under your general power of attorney. Unless you initial next to the specific authority you wish to grant your agent, these options are specifically excluded from the POA.

Carefully consider which legal and financial management rights you want to grant, as your agent may have significant authority over your affairs. Their actions can affect your assets or influence your financial well-being, so it’s important to weigh the benefits of the rights you give them.

4. Limitations on Authority

This clause specifies that any agent who is not your ancestor, spouse, or descendant may not use their property to benefit themselves or someone they know unless you provide special instructions.

5. Special Instructions

This section is optional. If you choose, you can use it to grant extra authority, place additional limitations on the agent’s powers, or waive limitations on authority.

6. Effective Date

Select the date upon which the non-durable power of attorney becomes effective. You may choose to have the agent’s decision-making rights go into effect immediately or have their effect contingent upon a specific event.

7. Termination Clause

Clarify that you wish for the POA and the short-term legal authorization it grants to terminate upon your disability or incapacitation.

8. Nominate a Guardian

This section is optional. Choose a guardian of your estate who can take charge if you become incapacitated, disabled, or otherwise incapable of managing your affairs.

9. Signature and Acknowledgement

As state law indicates, the principal should sign and date an acknowledgment at the bottom of the completed POA form in the presence of witnesses or a notary.

Sample Non-Durable Power of Attorney

Below, you can download a non-durable power of attorney template in PDF or Word format: