Such designation of an agent avoids the appointment of a guardian or a conservator and the costs of that appointment. Durable and springing powers are frequently used in estate planning and the Uniform Durable Power of Attorney Act has been very popular in the state legislatures. Even though powers of attorney are very common and the notion of durable power and springing power have become very popular, agents bearing power of attorney documents have not always been treated as if they stand in the principal's shoes. It is frustrating for an agent to find his or her powers refused or disregarded in transactions on a principal's behalf. Although an agent can get a court of appropriate jurisdiction to enforce his or her legitimately exercised powers, the prospect of having to litigate transactions that should take place in the ordinary course of business is not looked forward to.
Litigation is expensive and time-consuming.
The form has ready-made statutory language for the creation of a power of attorney. All that anybody has to do is to appropriate that language into a document, fill in the blanks for designation of such things as name of principal and agent, and execute the form with signatures and a notarial attestation. The result should be a power of attorney that satisfies any person or entity with which the agent wishes to do business on behalf of the principal. An important component of the statutory form is a specific list of transactions that any prospective principal can choose from in delegating powers to an agent. These are set out in the statute in a list.