What is the difference between durable and general power of attorney?

Question About: Difference Between Durable Power of Attorney and General Power of Attorney


Last updated: 14-Sep-2009

What is the difference between a "durable power of attorney" and "general power of attorney?"

Expert Answer by Barbara Kate Repa

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The biggest difference is in when the power ends.

A general power of attorney ends when a person becomes mentally incapable because of sickness or injury to handle his or her own affairs.

A durable power of attorney does not end in these circumstances. It is, in a word: durable. To get a durable power of attorney, you must show in the document your intention that the powers will continue despite incapacity.

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