will.com / Durable power of attorney

Create a durable power of attorney, free

A durable power of attorney names someone you trust to handle your financial and legal affairs if you become unable to manage them yourself. Without one, your family may need a court order to pay your bills or access your accounts.

What a durable power of attorney does

A power of attorney (POA) gives another person, your “agent,” the legal authority to act on your behalf. They can pay bills, manage bank accounts, file taxes, sell property, and handle other financial matters.

“Durable” means the authority continues even if you become mentally incapacitated. A regular power of attorney would stop working at exactly the moment you need it most.

You stay in full control while you’re capable. The POA only matters if something happens to you. You can revoke it at any time.

Why it matters

Without a durable POA, your family has no legal authority to manage your finances if you’re in an accident, have a stroke, or develop a condition like dementia. They would need to petition a court for guardianship or conservatorship.

That process takes months, costs thousands of dollars, and a judge picks the person, not you. Meanwhile, bills go unpaid, accounts freeze, and your family is stuck.

A durable POA avoids all of that. Your chosen agent steps in immediately.

What powers you can grant

Will.com lets you choose which powers to grant your agent. Common powers include:

Managing bank accounts and investments
Paying bills and managing debts
Filing tax returns
Buying, selling, or managing real estate
Handling insurance claims
Managing business interests
Making gifts on your behalf

You can grant broad authority or limit it to specific areas. You can also name a backup agent in case your first choice is unavailable.

Financial POA vs. healthcare directive

A durable power of attorney covers financial decisions. A healthcare directive covers medical decisions. They’re separate documents with separate agents.

You need both. Your financial agent can’t make medical decisions, and your healthcare agent can’t access your bank accounts. Will.com generates both as part of a complete estate plan.

Signing requirements

Most states require a durable POA to be notarized. Some also require witnesses. Banks and financial institutions often reject unnotarized POAs, even in states that don’t legally require notarization. Will.com provides state-specific signing instructions. See requirements by state →

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Power of attorney requirements by state

Every state has its own rules for notarization, witnesses, and statutory forms. Pick yours for specific requirements and a free template.