power of attorney
what is the difference between durable power of attorney and general power of attorney
One thought on “power of attorney
what is the difference between durable power of attorney and…”
Re: power of attorney
That is an apples and oranges question. A DPOA is a document which allows another person to act as attorney in fact (different from attorney at law!) for the principal.
The word durable refers to the principal’s intent that the document be effective even if or when the principal becomes incompetent or missing.
“General” in this context refers to the powers conferred by the instrument. The attorney in fact can do anything the principal could have done except change the principal’s estate plan. That ability is what is called general.
It is distinguished from a special power of attorney, which is usually used when one party is unavailable for a specific act – e.g. husband and wife purchasing real property in the states while husband is overseas in the military.
Hope this helps. Elizabeth Powell
Elizabeth Powell
ELizabeth Powell PS Inc
535 Dock Street, Suite 108
Tacoma, WA 98402
Re: power of attorney
That is an apples and oranges question. A DPOA is a document which allows another person to act as attorney in fact (different from attorney at law!) for the principal.
The word durable refers to the principal’s intent that the document be effective even if or when the principal becomes incompetent or missing.
“General” in this context refers to the powers conferred by the instrument. The attorney in fact can do anything the principal could have done except change the principal’s estate plan. That ability is what is called general.
It is distinguished from a special power of attorney, which is usually used when one party is unavailable for a specific act – e.g. husband and wife purchasing real property in the states while husband is overseas in the military.
Hope this helps. Elizabeth Powell
Elizabeth Powell
ELizabeth Powell PS Inc
535 Dock Street, Suite 108
Tacoma, WA 98402