How to activate durable power of attorney?

As an estate planning attorney, I help clients with durable power of attorney activation regularly. Here's the proper process:What is a Durable POA?A Durable Power of Attorney remains valid even if the principal (person who created it) becomes incapacitated, unlike a standard POA.Activation Requirements:1. Proper Execution- Must be signed by the principal (person granting authority)- Requires witnesses and/or notarization (varies by state)- Follows state-specific formalities2. When it Activates- Immediately upon signing (most common)- Upon disability/incapacity (springing POA) - requires doctor's certification3. Steps to Use/Activate- Present the original document to financial institutions, etc.- Agent signs acceptance (sometimes required)- Provide certification that POA is still valid (some states require)- Follow institution requirements - banks often have their own forms4. Third-Party Acceptance- Institutions may review the POA before honoring it- They can request legal opinion if concerns about validity- Federal law provides some protection for good faith acceptanceImportant Considerations:- Keep original documents safe but accessible- Inform agents where documents are located- Update periodically - some institutions reject older POAs- State laws vary significantly - consult local attorneySpringing POA Activation:If yours is a "springing" POA that activates only upon incapacity, you'll typically need:- Physician's written declaration of incapacity- Sometimes second doctor's opinion- Formal certification as required by your stateThe American Bar Association has excellent consumer resources on POA basics, but for activation in specific situations, consult a local attorney familiar with your state's requirements.