What is the difference between a Power of
Attorney and a Durable Power of Attorney?
This is an interesting question that I am often
asked in my Estate Planning consultations.
The answer is, a Power of Attorney will terminate once the principal
becomes incapacitated. A Durable Power
of Attorney is a special kind of Power of Attorney that will not terminate if
the principal becomes incapacitated. Instead, the Durable Power of Attorney
will generally continue to be effective even when the person becomes
incapacitated. The Durable Power of Attorney must encompass certain language in
it that establishes that the power survives the incapacitated principal.
Remember, whether it is a Power of Attorney or a Durable Power of Attorney, both
legal documents are terminated upon the death of the principal.
