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A durable power of attorney is one that either takes effect upon or lasts after the principals incapacitation. This is different from a general power of attorney, which would terminate at this point.
One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agents activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.
A durable power of attorney has to be in writing, and it has to be signed by the principal and notarized. A durable power of attorney has to contain special words. These special words are explained below.
Some powers of attorney state the ending or expiration date in the document. Others automatically expire when the principal becomes incapacitated. A durable power of attorney ends with the death of the principal.
A General POA grants the agent broad powers to act on your behalf in various legal and financial matters. However, it becomes void if you become incapacitated. A Durable POA, on the other hand, remains valid even if you lose mental capacity, making it an essential tool for long-term planning.
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More often than not, our clients opt for the General Durable Power of Attorney (a mix of the Durable and General Power of Attorney) for its ease of use by the Agent, and sustainability over the lifetime of the Prinicipal.
Choosing between durable and general depends on what you need for the future. We suggest talking to an estate planning lawyer to see which one is right for you. In short, durable powers of attorney give better protection if someone cant make decisions and keep decision-making going.

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