The Importance of Granting a Durable Power of Attorney in Puerto Rico – By: Lcda. Diana M. Pérez Cruz

In life, we all face situations that may require delegating our decisions to a third party, whether due to illness, incapacity, or unforeseen circumstances. In Puerto Rico, a key legal tool to ensure that our decisions are carried out properly, even when we cannot act for ourselves, is the Durable Power of Attorney.

What is a Durable Power of Attorney?

A Durable Power of Attorney is a legal document by which one person (called the “principal”) appoints another person (known as the “agent”) to make decisions on his or her behalf. This type of power of attorney is “durable” because it remains valid even if the principal becomes mentally or physically incapacitated. Unlike a general power of attorney, which terminates when the principal loses capacity, a Durable Power of Attorney ensures continuity in decision-making.

Advantages of Granting Durable Power of Attorney

1. Control over your decisions: By granting a Durable Power of Attorney, you decide who will be your representative and what decisions they can make on your behalf. This allows you to maintain control even in situations of incapacity.
2. Preventing family conflicts: Designating an agent in advance can prevent disputes between family members over who should make decisions for you.
3. Avoid legal proceedings: Without a Durable Power of Attorney, your loved ones may need to go to court to request guardianship or conservatorship, which is a lengthy and expensive process.
4. Flexibility: You can define the powers of the agent, specifying areas such as medical, financial or legal decisions.

How is a Durable Power of Attorney Granted in Puerto Rico?

In Puerto Rico, the Durable Power of Attorney must meet certain legal requirements to be valid:

• Written and notarized form: It must be drawn up in a public deed before a notary public.
• Capacity of the principal: The person granting the power must be of sound mind at the time of signing it.
• Informed consent: The notary has the obligation to ensure that the principal fully understands the scope of the document.

Important Considerations

1. Election of the proxy: It is essential to select a trustworthy person, with the capacity and willingness to assume this responsibility.
2. Periodic review: It is advisable to periodically review the Durable Power of Attorney to ensure that it remains aligned with your desires and needs.
3. Compatibility with other legal documents: Make sure the Durable Power of Attorney is consistent with other legal documents, such as wills or advance health care directives.

Conclusion

The Durable Power of Attorney is an essential tool to ensure that your decisions are respected in times of vulnerability. In Puerto Rico, granting this type of power is not only an act of foresight, but also of protection for your loved ones. Consulting an experienced attorney or notary on the subject is the first step to ensure that your interests will be adequately protected.

Making informed decisions today can make a big difference tomorrow.

At DMP Legal & Notary Services, LLC, we are ready to help you make this important decision with confidence and security. Contact us today for more information at 787-585-9143.

By: Lcda. Diana M. Pérez Cruz