A non-durable power of attorney, sometimes called a general power of attorney, authorizes an agent to manage the principal’s financial affairs and make financial decisions on their behalf—such as paying bills, selling real estate, filing taxes, managing investments, or handling insurance-related matters. The authority granted under the POA can be as broad or as narrow as you want and last only as long as the document says.
Scope of Use
As a common estate planning tool, a Non-Durable POA allows you to authorize someone you trust to act on your behalf when needed, such as when you are ill, disabled, on military deployment, or otherwise unavailable to sign important documents.
A Non-Durable (Financial) POA can be used for the management of both personal AND business finances.
However, it can NOT be used to transfer authority to make medical or healthcare-related decisions. For that, you need an Advance Directive Form or Living Will, depending on specific state-level requirements applicable in your area or locale.
Durable vs. Non-Durable POAs
The key difference between these two POA documents is in terms of what happens should the principal ever become mentally or physically incapacitated in the future.
A Non-Durable POA becomes void should the principal ever become unable to articulate themselves.
In contrast, authority granted under a Durable POA continues to last even if the principal becomes mentally incompetent.
Both durable and non-durable contracts end at the time of the principal’s death. To deal with financial matters after the principal’s death, an executor will have to be named in the principal’s Last Will & Testament.
Not sure which type of POA is right for you? Explore our full collection of POA and related documents—each comes with a detailed user guide to help you customize the document to your specific needs and individual circumstances.
What is incapacity?
“Incapacity” generally means being unable to manage property or business affairs due to impaired decision-making ability, being missing or detained, or being outside the U.S. and unable to return. If the agent and others disagree about incapacity, courts typically determine it under the state’s legal definition.
What We Offer: A Free Non-Durable POA Template
A professionally vetted, 100% editable Non-Durable (or General) POA Form template. It serves as a starting point for your legal paperwork. You can use it to identify the principal, appoint an agent, define the agent’s authority, and set effective and termination dates.
Read on for a step-by-step guide through each fillable section and field inside. This way you can learn how to avoid common pitfalls when drafting or signing a POA document. Plus, you’ll know exactly when to ask a lawyer for help.
What Makes This Free POA Template Useful?
- Free to download
- Includes standard legal provisions
- Use of clear, professional language
- 100% editable
- Especially designed with U.S. laws and court practice in mind
- Available in Google Docs and Word
State Variations in POA Laws & Practices
To be valid and enforceable, a Non-Durable POA form may require specific information, standard clauses, state-law-compliant legal wording, and execution formalities. These rules and procedures may vary by state, so make sure to have the final document vetted by a local attorney.
For example, some states make financial powers of attorney durable automatically, while others require the document to explicitly state that it remains effective after the principal becomes incapacitated. Consider Pennsylvania law, which now treats every power of attorney as durable unless the document says otherwise, or California, where a power of attorney is durable only when the document contains language showing the principal’s intent that the authority continue despite later incapacity.
What You Need to Know Before Signing a Non-Durable POA
Giving someone power of attorney is a serious decision. Before you grant legal authority under this POA, here’s a quick overview of your rights and options:
- Agent’s authority is limited to the property, business, and financial matters specified in the POA.
- The Agent’s authority continues only while you remain capable of making decisions and managing your own affairs.
- This POA does not authorize the Agent to make healthcare or medical decisions for you.
- You may appoint one primary Agent. If you want a co-agent, you can add one under Special Instructions. Co-agents will not act jointly unless you specifically state otherwise .
- The Agent may make decisions and take actions concerning your property, including your money, within the specific scope of authority granted under this POA.
- The Agent may be entitled to reasonable expenses incurred while acting under this POA, unless otherwise stated.
In case of doubt or confusion about any POA-related matter, don’t hesitate to ask a lawyer for help!
Clause-by-Clause Breakdown: A Practical User Guide
Ready to tailor our free Non-Durable POA template to your specific needs and preferences? Here’s a clean user guide that helps you complete the document with greater confidence while reducing the risk of mistakes that could affect its validity or limit or overstate the authority you intend to grant.
At every step, we explain what the form is asking, why that information matters, and how to avoid common pitfalls.
Now, let’s explore each clause in more detail…
I. Appointment of agent
Any type of power of attorney is a powerful document, as it transfers legal authority in important legal and financial matters to a person of your choice—the agent.
Remember, an agent may have access to your bank accounts or the power to sell your property, so it’s important to choose someone you trust to act responsibly and in your best interest.
Eligibility
Most U.S. states require a POA agent to be a competent adult. That said, specific eligibility rules may vary by state.
Keep in mind that the agent is not necessarily a professional attorney-at-law. They can also be a trusted family member, partner, friend, business associate, or your personal account or banking officer.
Once you lock in the right person for the role, add the following details to make sure there is no confusion about who is authorizing whom:
- Full name of the agent and principal
- Complete residential address of the agent and principal (including city/state)
II. Powers
Clearly set out what the agent is allowed to do on your behalf once the POA is activated. You can give your agent as much or as little power as you wish. Our default list covers a broad range of legal and financial powers, including the power to handle your real estate, tax, banking and other affairs.
User input
- Read each option carefully
- Initial beside each power (a) to (l) that you wish to grant
- To authorize a responsibility that is not listed, write it in the blank space provided under option (m)
Here’s a list of legal and financial powers included in the template by default:
- Making payments and collecting money owed to the Principal.
- Buying, leasing, selling, transferring, or managing personal property and securities.
- Buying, leasing, selling, transferring, or managing real estate.
- Maintaining, insuring, renting, leasing, investing in, or managing property.
- Managing bank accounts, funds, checks, and other banking transactions.
- Managing vehicle titles and related documents.
- Handling tax filings, refunds, elections, and tax authority communications.
- Accessing, removing contents from, and closing safe-deposit boxes.
- Lending, borrowing, or using property as security.
- Entering into contracts for the Principal.
- Hiring and paying professionals, employees, or service providers.
- Taking legal action when a third party improperly refuses to recognize the POA.
Only the powers you select will be granted to the agent. Do not initial against powers you do not wish to grant.
Why are initials necessary?
Along with signing the document, adding initials is useful, as it confirms that each choice was reviewed and authorized at signing, helping prevent confusion or disputes later.
POA and federal tax authorization
If your agent is authorized to handle federal tax matters, the IRS provides separate authorization procedures, including Form 2848 to authorize an eligible individual to represent you in tax-related matters. A general state-law POA does not automatically replace IRS-specific authorization procedures.
III. Grant of specific authority (optional)
While the last section covers broad categories of legal powers, such as the authority to handle real estate, taxes, and bank accounts, some powers may require specific authorization in a POA—such as making gifts, changing beneficiary designations, or creating survivorship rights. These exclusions protect your interests and make your elections purposeful.
User input
- Review each authority listed in the table.
- Initial the column on the right next to each authority you want to grant to the agent.
The clause also includes a built-in warning to encourage careful consideration, noting that these powers may significantly reduce the principal’s property, affect financial interests, or change how your assets are distributed after death.
IV. Appointment of successor agent(s)
If your primary agent is unable or unwilling to serve, appointing a successor agent ensures someone else can step into the role without requiring a new POA. Each Successor Agent shall have the same powers as the primary agent. If the principal becomes incompetent, neither the primary nor a successor agent may act under the POA, which will automatically terminate.
In this template, you can name up to two successor agents with their contact details. You can also specify their relationship to the Principal, say, a close friend, spouse, relative, or business partner.
Co-agents vs. successor agents: What’s the difference?
Co-agents are two or more people acting as agents at the same time. Depending on state law and the terms of your Non-Durable Power of Attorney, they may be authorized to make decisions jointly or independently.
In contrast, successor agents generally have authority only if the primary agent is unable, unwilling, or unavailable to serve.
This template does not include a Co-Agent clause. That said, you can always name a co-agent in the Special Instruction (see below). Make sure to specify if co-agents are required to act jointly or independently.
V. Limitation on agent’s authority
This clause seeks to prevent the Agent from using your money or property for their own benefit unless you specifically allow them to do so. Make sure there is no conflict between the powers you grant above and any limitations you set under Special Instructions.
This restriction generally applies to Agents who are not your parent, spouse, or child. If an Agent violates this rule, they may be held legally responsible for breaching their fiduciary duties.
What is a fiduciary duty?
A fiduciary duty is a legal responsibility to act in the Principal’s best interests when managing their money, property, or affairs. An Agent must stay within the authority granted by the POA. Acting beyond those limits may constitute a breach of the agent’s fiduciary duty.
VI. Special instructions
This section is optional. You can use it to specify any custom arrangements regarding the agent’s role and powers not covered in previous sections.
In other words, while the main authority sections answer, “What can my Agent do?”, the Special Instructions section allows the principal to decide, “How, when, or under what limits can my Agent do it?”
For example, you might use the lines to expressly limit the agent from:
- Selling or transferring real estate below a certain price
- Opening or closing accounts in a specific bank or country
- Taking out a home mortgage in your name
VII. Compensation
Decide if the agent will be financially compensated for their services under the Non-Durable POA or not.
- Unpaid: Commonly used when the Agent is a family member, friend, or other trusted person willing to act without compensation.
- Paid: Preferred choice if the Agent is a professional (lawyer, accountant or banker) who expects to be paid for their services. Specify the agreed payment terms, such as an hourly rate, flat fee, or other arrangement, subject to applicable state law.
VIII. Reimbursement / other expenses
An agent’s work can involve several costs and expenses. From travelling and lodging to postage, document fees, and other out-of-pocket expenses, they become significant, so your POA form should specify whether the Principal plans to reimburse the Agent or not.
Check the option that works best given your individual circumstances, wishes, and the nature of the relationship between the principal and the agent.
IX. Effective date and termination
Choose and initial the option that determines when the Power of Attorney takes effect. You can make it effective immediately or specify a future date. Then, select and initial the applicable options that will end the Power of Attorney, such as a specified date or written revocation. Termination upon incapacity is automatic and not an optional selection.
Carefully consider your circumstances before making your selection. If you are selecting multiple scenarios for termination, the first event to occur will generally terminate the Agent’s authority.
X. Nomination of conservator or guardian (optional)
As part of comprehensive planning, you may also want to designate someone in advance for two important roles that a court could appoint if needed:
- A guardian for your person
- A conservator to manage your estate
Naming your preferences in advance can help the court understand your wishes if you later become unable to manage your personal, medical, or financial affairs.
User input
In the space provided, name your preferred nominee for each role and provide their current contact information, including their complete mailing address.
XI. Liability of my agent
This clause protects your Agent from personal liability for losses resulting from good faith actions performed under the POA. It is important to note that this protection generally does not extend to serious misconduct, such as gross negligence, willful misconduct, or bad faith, which may leave the Agent personally liable.
Generally speaking, an agent is expected to:
- Keep accurate records of transactions
- Act honestly
- Act in your best interest
- Avoid using your property improperly or for their personal benefit
XII. Third party reliance
Third parties may rely on a Non-Durable Power of Attorney (POA) when determining whether an Agent has authority to act on behalf of the Principal.
But what happens if the POA is later revoked—are third parties still protected?
In many states, third parties who accept and rely on a POA in good faith may be protected if they were unaware of its revocation or invalidity. Therefore, as a rule of thumb, until an agent receives proper notice, actions taken in reliance on the POA may remain effective under applicable state law.
Common third parties that accept a POA
Depending on the authority granted, the following third parties may rely on a POA when dealing with an authorized Agent:
- Banks and financial institutions
- Title and escrow companies
- Realtors and closing agents
- Government agencies and offices
- DMV or motor vehicle agencies
- Insurance companies
- Lenders and mortgage companies
- Business partners
- Attorneys and law firms
State laws vary, so consult applicable state requirements for specific protections and limitations.
XIII. Amendment and revocation
You can change or revoke this POA at any time while you have legal capacity to do so. As a general guideline, the revocation must be in writing and communicated to your agent and any third parties relying on the document.
Need to revoke a power of attorney document in writing? Use our Revocation of Power of Attorney template to do it correctly and subsequently create a new one using one of our free, 100% editable POA templates.
XIV. Governing law
Name the state whose laws govern the document, such as New York or Illinois; this shows how rules and remedies are interpreted and which courts have the jurisdiction to settle any disputes arising out of the POA document.
Because POA rules vary by state, selecting the appropriate governing law helps ensure the document aligns with applicable state requirements.
If unsure, use the jurisdiction mentioned on the driver’s license for the principal, or ask a lawyer for help.
When This Non-Durable Financial POA Template May Not Be Appropriate
This template may not be suitable if:
- You need authority that continues after the principal becomes incapacitated
- You need a POA for healthcare or medical decisions
- The principal has already lost legal capacity to execute a POA
- You need a POA for a temporary or narrowly defined transaction rather than general financial matters
- Your state requires specific statutory language, forms, or provisions that are not included in this template
- Your situation involves powers or legal requirements that are not addressed by this template
How to Properly Execute a Non-Durable POA
To be enforceable, a Non-Durable or General POA must be executed correctly. There’s no single federal rule that tells you how: while some states require notarization, others require two disinterested witnesses, and many require both.
Although not required, the principal and agent should complete the power of attorney form together. This section of the template formalizes execution of the document with two signature blocks:
Principal acknowledgment
The Principal (the person granting the power) signs and dates the document, confirming they are knowingly executing this Non-Durable POA.
Acceptance by agent
By signing, the agent formally accepts the appointment and that they’ve read and understood the document’s terms and conditions.
Together, both signatures confirm mutual agreement: the Principal knowingly grants authority, and the Agent accepts the responsibility and its limits.
Witness Acknowledgment (If Applicable)
Depending on state law, one or more witnesses may be required to observe the Principal signing the Non-Durable Power of Attorney before signing the document themselves.
By signing, each witness confirms that the Principal:
- Is of sound mind
- Acted voluntarily
- Was free from fraud, duress, or undue influence
The template includes a dedicated section for witness acknowledgement. It also clearly states that each witness must be at least 18 years or older.
Each eligible witness should add a signature, date, and address in the blank spaces provided.
Can anyone become a witness?
Not exactly. Witnesses sometimes must also meet specific eligibility requirements under applicable state law. In many states, this means certain individuals, such as the appointed Attorney-in-Fact, family members, or anyone with a financial interest in the arrangement, may not be eligible to serve as a witness.
Notary Acknowledgment (If Applicable)
Our template comes with a separate Notary Acknowledgment form inside with fillable spaces for the notary’s name, signature, the official notarial seal, and the commission expiration date.
Because notarial requirements vary by state, you may need to replace the included acknowledgment with your state’s required wording. This process may include filing copies of the forms with various governmental agencies.
Managing Your Executed POA
After the POA has been signed and properly executed, take the following steps:
- Make sure the principal, agent, and the principal’s attorney each have a signed copy.
- Store the original POA in a secure place.
- Provide copies to relevant organizations so they are aware of the agent’s authority.
Moreover, when your Agent later signs a document on your behalf, they should clearly indicate that they are signing as your Agent or Attorney-in-Fact, rather than in their personal capacity. The exact signature format may vary depending on the state, transaction, or institution involved.
Can I Add My Own Clauses?
Yes. You can customize the editable template by adding clauses that reflect your specific arrangement. Here are two additional clauses you may want to include:
- Agent Resignation (let your agent step down cleanly and return your records):
“The Agent may resign by providing written notice to the Principal or, if incapacitated, to a successor Agent or other person authorized by law. The resignation is effective upon delivery or on a later date stated in the notice. Upon resignation, the Agent shall promptly return the Principal’s records, documents, and property.”
- Co-Agent Requirement (requires two named agents to agree before acting, adding a check on major decisions):
“Where more than one Agent is named, the Agents must act jointly, and no single Agent may act alone without the written agreement of the other.”
Common Mistakes to Avoid
- Granting broader powers than intended
- Forgetting to initial granted powers
- Naming an unavailable agent
- Failing to notarize when required
- Forgetting to revoke previous POAs
- Failing to notify financial institutions about your agent
- Not naming a successor agent
- Failing to clearly define the POA’s scope and purpose
- Failing to specify when the POA becomes effective
- Assuming the POA remains effective after the principal becomes incapacitated
File Formats
This template comes in two editable formats:
- Microsoft Word (DOCX): for offline editing and printing
- Google Docs: for online editing and real-time collaboration
