What is the Difference Between Power Of Attorney and Durable Power Of Attorney?

The main difference between a Power of Attorney (POA) and a Durable Power of Attorney (DPOA) lies in the duration of their effectiveness. Both are legal documents that grant a trusted person, called an agent or attorney-in-fact, the authority to make decisions and take actions on behalf of another person, known as the principal. However, a general POA only operates while the principal is still coherent and mentally capable, and it automatically expires upon incapacity or death. On the other hand, a DPOA remains operational upon incapacity, although it also expires upon death.

Here are the key differences between the two:

Duration: A general POA is only effective while the principal is mentally capable and coherent, whereas a DPOA remains in effect even if the principal becomes incapacitated.
Purpose: A general POA is suitable for situations where the principal is temporarily unable to make decisions, while a DPOA is necessary for situations where the principal may become incapacitated due to an accident, sudden illness, or mental decline.
Termination: A general POA automatically expires upon the principal's incapacity or death, while a DPOA can only be terminated by the principal revoking the powers, a court finding the document invalid or revoking the agent's authority, or if the principal gets divorced and the spouse was the agent.

In summary, a general POA is appropriate for situations where the principal is temporarily unable to make decisions, while a DPOA is needed for situations where the principal may become incapacitated and require someone to make decisions on their behalf for an extended period.

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What is the Difference Between Power Of Attorney and Durable Power Of Attorney?

Comparative Table: Power Of Attorney vs Durable Power Of Attorney

The main difference between a Power of Attorney (POA) and a Durable Power of Attorney (DPOA) lies in the duration of the authority granted to the agent. Here is a table comparing the two:

Feature	Power of Attorney	Durable Power of Attorney
Definition	A legal document authorizing an agent to make decisions and take actions on the principal's behalf.	A legal document that provides the agent with the authority to make decisions and take actions on the principal's behalf, even if the principal becomes mentally incapacitated.
Duration	Generally ends if the principal becomes mentally incapacitated.	Remains in effect even if the principal becomes mentally incapacitated.
Types	Limited or special power of attorney, which may be restricted to a specific time period or event.	No specific types, but it can be used to allow an agent to manage all the affairs of the principal.
Revocation	Can be revoked by the principal at any time, even if mentally incapacitated.	Can be revoked by the principal at any time, but remains in effect even if the principal becomes mentally incapacitated.

In summary, a Power of Attorney grants an agent the authority to act on the principal's behalf but ends if the principal becomes mentally incapacitated, while a Durable Power of Attorney continues to be in effect even if the principal becomes mentally incapacitated.

Guilherme Mazui

Guilherme Mazui is graduated in journalism from the Federal University of Minas Gerais (UFMG) and a master's degree in Communication from the University of São Paulo (USP). In addition, he has experience in advertising writing and has worked as a content editor in several companies.