Legal Question in Wills and Trusts in Arizona

Power of Attorney

What is the difference of a general power of attorney and a durable power of attorney.


Asked on 2/28/02, 1:56 pm

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Power of Attorney

A general POA is often utilized for mundane daily tasks and will usually expire with the mental incompetency or disability of the maker.

A durable POA survives the incompetency/disability, and is often used for health-care ["pull-the-plug"] decisions.

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Answered on 2/28/02, 2:46 pm
Robert Lord Berens, Kozub & Lord PLC

Re: Power of Attorney

A durable power of attorney is one that is not terminated by the incapacity of the principal.

A general power of attorney is a power of attorney that allows the agent to any action on behalf of the principal, as opposed to a special, or limited, power of attorney, which allows the agent only to take those actions specified in the power of attorney.

Note that a durable power of attorney may be general or limited, and a general power of attorney may be durable or non-durable.

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Answered on 2/28/02, 3:38 pm


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