Divorce Attorneys, Durable Power of Attorney

In family law matters, retaining a divorce attorney generally includes signing a special power of attorney and retainer agreement. This agreement authorizes legal representation and authority to act in the stead of a client in legal matters. This agreement may be revoked at any time, or may automatically terminate in the event of mental incapacity.

Through a durable power of attorney, an agent may continue to act as a representative after mental or physical incapacity. Special provisions may include the authority to pay bills, contract, file suits, and engage in business. Commonly, durable powers of attorney are given to children as parents age and may no longer be able to conduct routine business tasks. Durable powers of attorney may also be conditional, to become effective only upon receipt of a medical opinion establishing incapacity.

Divorce attorneys should not be given both a special power of attorney and durable power of attorney. Normally, a child, a family member, or a trusted friend should retain the right and duty to direct attorneys who represent a failing family member.