Legal Question in Wills and Trusts in Arizona
Durable Power of Attorney Forms vs. General Power of Attorney Forms
Could I receive a definition as to the differences between Durable Power of Attorney Form vs. General Power of Attorney Forms?
2 Answers from Attorneys
Re: Durable Power of Attorney Forms vs. General Power of Attorney Forms
Durable powers survive the incapacity of the principal.
Estate planning is tricky. Many do-it-yourselfers get themselves into problems. See an estate attorney.
Re: Durable Power of Attorney Forms vs. General Power of Attorney Forms
Both give you power to act on behalf of another person (the "Other" person).
The Durable Power of Attorney is valid even if the Other person is incapacitated.
The General Power of Attorney is NOT valid if the Other person is incapacitated.
Those are the basic rules. It doesn't really matter what the title of the document is though. What matters is what the document actually says. (So, I could write "General POA" at the top, but then give Durable powers in the body of the document; In that case I would would have created a Durable POA)
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