DPA
Meaning of DPA: The word durable is what matters here: this authority keeps working at the point when the person can no longer decide.
Definition of DPA
DPA stands for durable power of attorney, a legal document in which one person names another to make decisions on their behalf. Durable means the authority survives the moment the person loses the capacity to decide for themselves, which is exactly when an ordinary power of attorney would lapse. It ends when the person dies or revokes it.
What does durable actually add?
An ordinary power of attorney ends automatically if the person who granted it becomes unable to make decisions. That is the opposite of what most people intend, since it cancels the arrangement at the moment it is needed. The durable version states in writing that the authority continues. Some take effect immediately on signing. Others take effect only once a physician certifies that capacity has been lost, and those are often called springing powers, because they spring into force on that event.
How does it compare with other documents?
| Document | What it does |
|---|---|
| Durable power of attorney | Names a person to decide, and keeps that authority after capacity is lost |
| Living will | Records which treatments a person does and does not want |
| Advance directive | Umbrella term covering both of the above in many places |
| Guardianship | A decision maker appointed by a court, usually when nothing was arranged in advance |
A named person and a written statement of wishes answer different questions. One says who decides, the other says what was wanted, and the two work best together, because no document can anticipate every situation.
Does one document cover health and money?
Often not. Many places use separate instruments, one for healthcare decisions and one for financial and legal affairs, and different people may be named in each. A healthcare agent can consent to or decline treatment, see medical records and choose among facilities. A financial agent handles bank accounts, property and bills. The exact powers, the required wording and the witnessing rules are set by local law, so a document valid in one place may not carry the same force elsewhere.
What are its limits?
The authority is not unlimited. An agent is expected to follow the wishes the person expressed, and where no wish was recorded, to act in that person's interests rather than substituting their own preferences. The document ends at death, so it does not govern funeral arrangements or the estate, which fall to an executor. It can be revoked at any time while capacity remains. A durable power of attorney nobody knows about is of little use, which is why copies are usually held by the named agent and filed in the medical record.
Also known as
Used in a sentence
The chart noted that a durable power of attorney for healthcare was on file.
Good to know
A durable power of attorney names who decides while a living will records what was wanted, so the two answer different questions; the authority ends at death and can be revoked at any time while capacity remains.