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What is the difference between durable POA and POA?

A general power of attorney gives someone wide legal authority. However, it ends if the person giving it becomes unable to make decisions. In contrast, a durable power of attorney stays in effect even if the person loses mental capacity. Both types are important for different situations.

What is the most recommended type of power of attorney?

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.

What are the disadvantages of a durable power of attorney?

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.

What can a durable power of attorney not do?

A durable power of attorney for finances does not give your attorney-in-fact legal authority to make health care decisions for you. To make sure that your wishes for health care are known and followed, create a health care directive. To authorize decisions about marriage, adoption, voting, or wills.

Which is better, a durable power of attorney or a General Power of Attorney?

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.