If you have power of attorney for a loved one or are thinking about authorizing someone, the type you choose can impact what someone can or cannot do by law. When planning your estate many people authorize a power of attorney and are unaware that there are different types. Two types include general power of attorney and durable power of attorney. Not knowing the difference between the two can lead to unfortunate circumstances. Show
What is the difference between general power of attorney and durable power of attorney? We’re going to explain the two so that you can decide which one better suits your situation. We’ll also explore how The Doyle Law Offices P.A. can help whether you choose a general power of attorney or durable power of attorney. What is Power of Attorney?A power of attorney is a legal document that gives another person the authority to act on the behalf of the person who is drawing up the document. In legal terms, the person initiating the document is called the principal and the person they designate to act on their behalf is the agent. When you come to the our law firm inquiring about power of attorney, our team may ask if you’re looking to establish a general power of attorney or durable power of attorney. Let’s take a look at the differences between the two. General Power AttorneyUnder a general power attorney, the agent has broad authority to make a variety of decisions. These include:
As the principal, you can decide what powers your agent has. Some of the most common include:
Think about what decisions you trust your agent to make for you. You want to be completely comfortable with the person and the abilities you’re giving them. It’s extremely important to note that a general power of attorney ends the moment the principal becomes incapacitated. If you’re looking for your power of attorney to cover end-of-life decisions, this is not the type you’ll want to choose. Durable Power of AttorneyA durable power of attorney continues even if the principal becomes incapacitated. The powers remain in effect until the principal dies or decides to take away the power they’ve given their agent. There are many circumstances where the courts will end durable power of attorney. This includes times when the principal and the agent divorce, but documents have not been updated to reflect that. Also, many states consider power of attorney as durable unless it is explicitly stated otherwise. Types of Durable Powers of AttorneySome people choose to have different types of durable powers of attorney to handle different types of their affairs. These include: Financial Power of Attorney This person has the authority to manage your financial affairs if you should become incapacitated. Medical Power of Attorney or a Durable Power of Attorney for Healthcare This person has the power to make medical decisions if you can’t do so. If you want your durable power of attorney to be able to cover all decision-making areas, then there is no need to distinguish between different types of durable power of attorney. How do I Decide if a General Power of Attorney or Durable Power of Attorney is Best for Me?The main question to ask yourself is do you want your power of attorney to make decisions for you if you become incapacitated? If you do, then a durable power of attorney would be the better choice over a general power of attorney. If you want your agent’s power to end if you become incapacitated, then a general power of attorney would be a better fit. Estate Planning and Power of Attorney at The Doyle Law Offices P.A.If you have questions and need legal help when it comes to estate planning and power of attorney, our experienced attorney is here for you. We have proudly served Wake Forest, Rolesville, Cary and Raleigh for over 25 years and continue to do so today. Call us at (919) 228-4487 or fill out the form below to schedule a consultation. Schedule a ConsultationPerhaps you’re beginning to take care of your aging parents, and you’re wanting to support them in a better capacity. Estate planning is a good opportunity to bring up a discussion about appointing you as their agent, for which the legal term is Power of Attorney (POA). A POA is a powerful estate planning tool, and there are a few different categories of powers, used in difference scenarios. Two types to consider are General Power of Attorney and Durable Power of Attorney. They’re equally important in the legal authority field, but there’s one key difference between them. So what is the difference between a General Power of Attorney and a Durable Power of Attorney? Keep reading to find out which option might be best for you and your family. What is a Durable Power of Attorney?If you’re appointed as the agent through a Durable Power of Attorney (DPOA), you’ll be given legal authority to act on your parents’ behalf. You’ll have agency to care for them even if they become suddenly incapacitated, until the day they pass away. Here are some example tasks that you might find yourself executing as a DPOA:
We provide more detailed information on what it means to be a DPOA in our guide, including answers to commonly asked questions. Be sure to check it out to learn more. What is a General Power of Attorney?A General Power of Attorney (GPOA) is a similar legal document that allows your parents to appoint you as their agent. As a GPOA, your duties will end if your parents ever became incapacitated. This means that your role is to support them under their general guidance or supervision, as long as they are still able to make their own decisions. Here are some examples of the tasks that you might carry out for your parents as their GPOA:
Fore more information, check out our Understanding Power of Attorney guide. What is the Difference Between a General Power of Attorney and a Durable Power of Attorney?Here, it’s very important to pay attention to the difference between a General Power of Attorney and a Durable Power of Attorney. The key differentiation between DPOA vs POA is simple: incapacitation. As a General POA, your agency ends the moment your parents become incapacitated. This means that if they suddenly become unable to make decisions for themselves, you will no longer be able to make important decisions for them. Incapacitation occurs in cases such as an accident, severe medical condition, or mental illness. As a Durable POA, your legal agency remains intact until your parents pass away, or unless they revoke your power. This means that as their agent, you’ll still be able to make important decisions if or when they become unable to do so themselves. Does a Power of Attorney Have to be Filed with the Court?Generally, a POA does not have to be filed with the court system. Rather, your Power of Attorney is a document you include with your other estate planning documents. You’ll want to keep this safe and secured, such as through your password-protected estate planning platform. If you plan on executing any real estate transactions, you’ll want to find out through your County Clerk and Land Title offices if they require your parents to file their Power of Attorney. If so, the document will need to be notarized. Setting Up Your DPOA vs POAWhether you decide to set up a DPOA vs POA is up to you and your family. Ultimately, your parents will be responsible for setting up an estate plan that includes a DPOA or POA document that names you as their agent. You’ll want to have an honest conversation with them about the difference between the two options, and which is the most appropriate. Some key questions to ask are, “in what capacity do you want me to be able to help you,” and, “if you were to suddenly become incapacitated, do you want for me to be able to continue making decisions on your behalf?” This may be an emotional and sometimes unpleasant conversation to have, but an important one nonetheless. It may be helpful to refer them to our guide, What is Power of Attorney. It’s a 10-minute read that’ll give them a break-down on the different types of POAs and important things to know, which will help them make their decision. Once they’re ready, they’ll need to establish or update their Estate Plan so that they can have peace of mind. You’ll have the agency to support them when needed, and you’ll be able to step up to the plate in case anything unexpected were to happen. At Trust & Will, we believe in making the process of estate planning informative, accessible, and seamless. In case your parents don’t have an estate plan yet, or are hesitant to make any changes because their last experience was laborious, know that our platform makes it easy to set up a Power of Attorney from the comfort of their home. Is there a question here we didn’t answer? Reach out to us today or Chat with a live member support representative! Which power of attorney is the most powerful?1. Durable power of attorney. Having a durable POA means your agent's authority to act on your behalf continues if you become incapacitated — for example, if you fell into a coma.
What is another name for a durable power of attorney?A durable medical POA — also called a healthcare POA — lets you give someone the authority to make decisions about your medical care if you become incapacitated.
Does a durable power of attorney need to be recorded in Florida?A Power of Attorney, like a Trust, does not need to be registered or recorded in the public records in order to be effective. It does have to be in writing, signed, witnessed and notarized.
What is the opposite of a durable power of attorney?In the case of a non-durable power of attorney, the agent is generally authorized to act once you sign the document, but the agent's authority ceases when and if you become incapacitated.
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What is the difference between a power of attorney and a durable power of attorney
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