Home Blog Durable Power of Attorney Review: Types, Key Sections, Legal Help

Durable Power of Attorney Review: Types, Key Sections, Legal Help

Jump to Section

Quick Facts — Durable Power of Attorney Lawyers

What is a Durable Power of Attorney Review?

A durable power of attorney is a legal document between an agent and principal. How it works is that the agent takes on the principal’s affairs, remaining valid even if the principal is incapacitated.

This document is commonly used when one party wants to prepare for when they might become incapacitated so that someone they trust can manage their health and financial situation.

Since it handles sensitive information, you should take the time to review a durable power of attorney once it’s been drafted.

Read the rest of this article to explore the most common types of durable power of attorney, what’s usually included in a durable power of attorney, how to review it, and when you should consult a professional lawyer for an in-depth review.

What are the Common Types of a Durable Power of Attorney?

The two most common types of durable power of attorneys are:

  • Durable medical power of attorney. This is when someone has the authority to make your healthcare or medical decisions if you can’t.
  • Durable financial power of attorney. Someone is appointed to control your financial situation, such as paying your bills, collecting insurance benefits, and more.

What’s Included in a Durable Power of Attorney?

A durable power of attorney usually contains information such as the following:

  • Parties. The parties’ names are clearly identified. Their full legal names and other details must be included, as well as what their roles will be under the agreement.
  • Authority scope. This outlines what powers the agent will have.
  • Effective date. The document must state when it will become effective, such as if it’s immediately effective after signing or it will become effective at a specific time in the future (such as when a doctor determines incapacity in the principal).
  • Financial management. This section of the document authorizes a specific agent to handle the other party’s finances.
  • Property and asset management. The agent is given authority to handle the other party’s real estate, such as by selling or buying houses on their behalf.
  • Durability clause. This part makes it clear that the agent will have control despite the other party’s incapacity. This is important to state so that they won’t lack the authority required.

How Can You Review a Durable Power of Attorney?

You should check for some important aspects in the document to ensure that it’s valid and protects you.

Check for Durability

To ensure that the document is valid if the principal is incapacitated, it must have specific wording. Flag anything vague or ambiguous.

Assign Backup Agents

Backup agents must be mentioned in the document in case the primary agent can’t commit to their roles.

Assess the Roles

You should check that the document clearly lists if the powers the agent has are general or limited powers. There should be specifics listed, such as if the agent will be managing bank accounts or investments.

Confirm it’s Notarized

It’s common for many U.S. states to require durable power of attorney documents to be notarized. This ensures that they’re valid and legal, and will be accepted by banks, hospitals, or other third parties.

Check Legal Compliance

Durable power of attorneys have different rules in different areas, so you should always check it against the laws in your region.

Can You Revoke a Durable Power of Attorney?

A durable power of attorney can be revoked. You might want to do this if you no longer want to give the agent you chose the authority to make decisions that affect you. You can revoke a durable power of attorney by replacing it with a new power of attorney and writing a letter that explains your decision to revoke the agent authority.

A lawyer can help you with the process of revoking your durable power of attorney to ensure it’s done correctly and legally.

Should You Seek Legal Guidance for a Durable Power of Attorney Review?

It’s advisable to get a legal review of your durable power of attorney from a professional lawyer because there could be things you miss. Here is how a lawyer will help you:

  • They’ll check that the document is legally valid by ensuring it complies with all local laws.
  • They’ll confirm that the signing process was properly conducted, such as with witnesses and notarization.
  • They’ll identify hidden risks, such as any vague wording or missing details that could result in issues later.
  • They’ll check that the agent you’ve chosen for your durable power of attorney is appropriate for the role and that you’ve got the right backup agents.
  • They’ll check if the durable power of attorney is properly structured for your assets and situation.
  • They’ll ensure it is aligned with other legal documents, such as living wills and trusts to prevent uncertainty or disputes.
  • They’ll revise the durable power of attorney if it needs changes to make it legal, valid, and clear.

Where Can You Find and Hire a Lawyer to Review Your Durable Power of Attorney?

If you want to work with a lawyer to review your durable power of attorney, which is advisable, you don’t have to struggle to find one. There are online legal platforms that make this process fuss-free and something you can do from the comfort of your home.

On ContractsCounsel, one of the largest online legal marketplaces where you can find reputable and experienced lawyers, you can easily request a review of your durable power of attorney.

Here are the steps to follow:

1. Visit the ContractsCounsel marketplace.

2. Post your request for a legal review for free. Include details of what you require.

3. Wait for lawyer bids. You’ll receive multiple bids from vetted lawyers on the platform who are ready to review your contract for a flat fee.

4. Review the lawyers' profiles. Before selecting the best lawyer for your requirements, view information provided on the platform. This includes the lawyers’ locations, their years of experience and expertise, and client ratings for previous projects completed on the platform.

5. Select the best lawyer for your purposes and hire them.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a Durable Power of Attorney?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 22,893 reviews

Meet some of our Lawyers

Karen S. on ContractsCounsel
View Karen
4.8 (36)
Member Since:
January 31, 2023

Karen S.

Attorney
Free Consultation
Atlanta, GA
15 Yrs Experience
Licensed in GA
Georgia State University

I'm an attorney available to help individuals and small businesses in Georgia with initial business set-up, required filings, tax strategies, etc. I'm also available to draft, review, and negotiate contracts of many types, both personal and professional. I can draft and file real estate quit claims as well. My legal and business experience and expertise includes small business startups, information technology, technology innovation, real estate transactions, taxes, intellectual property, electrical engineering, the business of video game development, business requirements definition, technology consulting, technology companies, liability waivers and reduction strategies, and the electric utility industry. I work part-time for a local law firm and part-time in my solo practice. I'm also an adjunct professor teaching business law. In addition, I'm part owner, legal counsel to, and a board member of a virtual reality video game development company. I am a member of the Georgia Bar Association. Please reach out if you need attorney, documentation or consulting help in any of those areas!

Recent  ContractsCounsel Client  Review:
5.0

"Karen is amazing!! She is so approachable and gives great, practical guidance."

Daehoon P. on ContractsCounsel
View Daehoon
4.8 (224)
Member Since:
November 26, 2021

Daehoon P.

Corporate & M&A | Venture Capital, Private Equity & Web3 Counsel | Real Estate Transactions
Free Consultation
New York, NY
10 Yrs Experience
Licensed in NY
American University Washington College of Law

Corporate, M&A & Securities Lawyer | Managing Attorney, DP Counsel PLLC Practice Areas: Business Formation | Commercial Contracts | Contract Drafting & Review | Mergers & Acquisitions | Venture Capital | Securities Offerings | Franchise Law | Employment & Equity Compensation | Intellectual Property | Cross-Border Transactions About/Bio: I represent companies, investors, and fund sponsors in corporate transactions, commercial contracting, and private securities matters, from entity formation and early-stage financings to acquisitions, exits, and ongoing strategic counsel. As Managing Attorney of DP Counsel PLLC, I help clients structure transactions clearly, allocate risk thoughtfully, and move deals forward with documentation that is practical, enforceable, and aligned with business objectives. My practice includes both day-to-day commercial matters and more complex transactional work, including venture financings, private offerings, M&A deals, fund-related documents, and cross-border structuring. What I Do: Corporate & Commercial • Entity formation and structuring for corporations, LLCs, and limited partnerships • Operating agreements, shareholder agreements, and governance documents • Commercial contract drafting, review, and negotiation • Vendor, distribution, manufacturing, SaaS, and licensing agreements • Employment, consulting, confidentiality, and equity compensation agreements • Outside general counsel support for growing companies Securities & Private Capital • Private offerings under Regulation D and Regulation S • Private placement memoranda, subscription agreements, and investor documents • SAFE, convertible note, and priced equity financings • Venture capital and private fund formation matters • Fund governing documents and offering document packages • Securities law analysis for private capital raising transactions Mergers & Acquisitions • Letters of intent and term sheets • Stock purchase, asset purchase, and merger agreements • Due diligence coordination and transaction support • Disclosure schedules, closing documents, and post-closing matters • Earnouts, rollover equity, indemnity structures, and related deal terms • HSR, CFIUS, and related regulatory issue spotting for qualifying transactions Digital Assets & Emerging Technologies • Federal-law digital asset and token securities analysis • Entity structuring for blockchain and Web3 ventures • Digital asset fund and operating structures • AML/KYC documentation support and regulatory issue spotting Franchising • Franchise Disclosure Documents (FDDs) • Franchise agreements • Master franchise and area development agreements • Franchise structuring and registration coordination Real Estate Transactions • Commercial real estate acquisitions and dispositions • Real estate joint ventures and syndications • Commercial lease drafting and negotiation • Real estate investment structures and related offering documents Cross-Border & International • U.S. market entry and entity structuring for international clients • Delaware and multi-entity holding structures • Cross-border transaction planning and documentation • Coordination with foreign counsel and tax advisors on cross-border matters Why Clients Hire Me: • Big-law-level drafting with boutique responsiveness • Practical, business-focused advice grounded in execution reality • Clear scoping and transparent fee arrangements • Experience across financings, acquisitions, fund formations, and cross-border transactions Typical Projects: • Contract drafting and negotiation • Entity formation and governance packages • Private offering document suites • Venture financing documentation • M&A transactions from LOI through closing • Fractional or outside general counsel support Industries Technology | SaaS | FinTech | Digital Assets | E-commerce | Healthcare | Real Estate | Food & Beverage | Professional Services

Recent  ContractsCounsel Client  Review:
5.0

"Thank you, you have been good to me, fast follow ups, very knowledgeable, definitely interested in your services again if business goes well."

Ryenne S. on ContractsCounsel
View Ryenne
4.9 (610)
Member Since:
October 11, 2022

Ryenne S.

Principal Attorney
Free Consultation
Chicago, Illinois
16 Yrs Experience
Licensed in IL
DePaul University College of Law

My name is Ryenne Shaw and I help business owners build businesses that operate as assets instead of liabilities, increase in value over time and build wealth. My areas of expertise include corporate formation and business structure, contract law, employment/labor law, business risk and compliance and intellectual property. I also serve as outside general counsel to several businesses across various industries nationally. I spent most of my early legal career assisting C.E.O.s, General Counsel, and in-house legal counsel of both large and smaller corporations in minimizing liability, protecting business assets and maximizing profits. While working with many of these entities, I realized that smaller entities are often underserved. I saw that smaller business owners weren’t receiving the same level of legal support larger corporations relied upon to grow and sustain. I knew this was a major contributor to the ceiling that most small businesses hit before they’ve even scratched the surface of their potential. And I knew at that moment that all of this lack of knowledge and support was creating a huge wealth gap. After over ten years of legal experience, I started my law firm to provide the legal support small to mid-sized business owners and entrepreneurs need to grow and protect their brands, businesses, and assets. I have a passion for helping small to mid-sized businesses and startups grow into wealth-building assets by leveraging the same legal strategies large corporations have used for years to create real wealth. I enjoy connecting with my clients, learning about their visions and identifying ways to protect and maximize the reach, value and impact of their businesses. I am a strong legal writer with extensive litigation experience, including both federal and state (and administratively), which brings another element to every contract I prepare and the overall counsel and value I provide. Some of my recent projects include: - Negotiating & Drafting Commercial Lease Agreements - Drafting Trademark Licensing Agreements - Drafting Ambassador and Influencer Agreements - Drafting Collaboration Agreements - Drafting Service Agreements for service-providers, coaches and consultants - Drafting Master Service Agreements and SOWs - Drafting Terms of Service and Privacy Policies - Preparing policies and procedures for businesses in highly regulated industries - Drafting Employee Handbooks, Standard Operations and Procedures (SOPs) manuals, employment agreements - Creating Employer-employee infrastructure to ensure business compliance with employment and labor laws - Drafting Independent Contractor Agreements and Non-Disclosure/Non-Competition/Non-Solicitation Agreements - Conducting Federal Trademark Searches and filing trademark applications - Preparing Trademark Opinion Letters after conducting appropriate legal research - Drafting Letters of Opinion for Small Business Loans - Drafting and Responding to Cease and Desist Letters I service clients throughout the United States across a broad range of industries.

Recent  ContractsCounsel Client  Review:
5.0

"Ryenne was wonderful to work with! She went through each section of my contract line by line with me and made sure I understood every aspect."

Faryal A. on ContractsCounsel
View Faryal
4.9 (270)
Member Since:
February 23, 2023

Faryal A.

Attorney/Counsel
Free Consultation
Houston, Texas
4 Yrs Experience
Licensed in TX
University of Houston

Ms. Ayub is an attorney licensed to practice in Texas. Before moving to the US, she has a number of years of experience in contract review, analysis and drafting. Ms. Ayub is available to help you with your legal problems, as well as filling LLC and other business entity formation documents. To know more about her practice, please visit https://ayublawfirmpllc.com/.

Recent  ContractsCounsel Client  Review:
5.0

"Incredible experience. Faryal delivered exactly what we needed to get our app ready for payment processor underwriting. She completely upgraded our legal framework, caught blind spots we hadn't considered, and provided clear, practical guidance on how to navigate compliance. A fantastic attorney to have in your corner."

Lori B. on ContractsCounsel
View Lori
5.0 (146)
Member Since:
October 11, 2024

Lori B.

Business and Real Estate Attorney
Miami, Florida
38 Yrs Experience
Licensed in FL
University of Miami School of Law

With over 30 years of legal experience, I can assist your legal needs -promptly and professionally. I am a business, contract and real estate lawyer with extensive experience in company formation, sale of businesses, business purchase and sale transactions, commercial and residential leases, employment and the sale of real property.

Recent  ContractsCounsel Client  Review:
5.0

"Lori was great to work with, responsive, and efficient. I highly recommend her."

Howard B. on ContractsCounsel
View Howard
5.0 (1)
Member Since:
July 29, 2022

Howard B.

Managing Member
Free Consultation
Tulsa, Ok
13 Yrs Experience
Licensed in OK
University of Tulsa

Berkson is a dedicated, practical, and detail-oriented attorney licensed to practice in every state court of Oklahoma and the United States Northern and Eastern District Courts. He graduated from the University of Tulsa College of Law with Honors. While there, he received awards for highest grade in trial practice, legal research, and civil procedure. He was also the Executive Notes and Comments Editor for the Energy Law Journal, the official journal of the Energy Bar Association in Washington, D.C. The Energy Law Journal is one of the few peer-reviewed journals in the legal profession. Prior to becoming an attorney, Howard Berkson held executive positions involving a wide range of business and human resources management functions. He has in-depth knowledge of both business and HR practices. During his business career, Berkson negotiated, wrote, red-lined, and disputed contracts. He has answered charges, handled inspections, and supervised audits involving numerous agencies including the Department of Labor, the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, and various state agencies. Berkson honed his analytical and writing skills while earning his Bachelor of Arts degree in Philosophy from the University of Washington. He went on to obtain a Master of Arts in Labor and Industrial Relations from the University of Illinois. Berkson’s work can be found in such publications as The Energy Law Journal, Human Resource Management Review and Personnel Psychology. He is a member of Phi Alpha Delta law fraternity and of Phi Kappa Phi honor society.

Recent  ContractsCounsel Client  Review:
5.0

"Very easy and effective to work with. Howard knows what he is doing."

Gill D. on ContractsCounsel
View Gill
5.0 (70)
Member Since:
July 31, 2022

Gill D.

Attorney
Free Consultation
Tampa
17 Yrs Experience
Licensed in FL
Stetson University College of Law

Erik has been a practicing attorney in Florida for over a decade. He specializes in employment and real estate contracts. He has represented clients big and small and can assist with any contract issue.

Recent  ContractsCounsel Client  Review:
5.0

"Completed a review of the document I requested within an hour or two of being hired very responsive"

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a Durable Power of Attorney?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 22,893 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Family Lawyers
DURABLE POWER OF ATTORNEY REVIEW LAWYERS BY CITY
See All Durable Power Of Attorney Review Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with a Durable Power of Attorney?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 22,893 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city