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What is required for a legitimate Durable Power of Attorney?

It must be signed by a judge

It must be a verbal agreement

It must be documented in writing

A legitimate Durable Power of Attorney must be documented in writing. This is essential because a written document provides clear evidence of the principal's (the person granting the power) intentions and authorizations. It outlines the specifics of the powers granted, the circumstances under which these powers can be exercised, and any limitations or conditions. Written documentation also helps prevent disputes and misunderstandings that could arise from verbal agreements, which are harder to prove and enforce. In many jurisdictions, having a written Durable Power of Attorney is not just a best practice but also a legal requirement, ensuring that the document adheres to specific statutory formats and includes necessary elements, such as the signatures of the principal and a witness or notary public, depending on local laws.

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It can be created by a family member's approval

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