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.
2 Answers from Attorneys
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.
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.