Legal Question in Business Law in California

Re: Durable vs Non-Durable Power of Attorney

"Durable" means it continues in effect even though the person granting the power becomes incapacitated [i.e., in a coma or incapable for other reasons to manage his/her affairs]. "Non-durable" is just the opposite.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete, and is designed for general information to parties under California law. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.

Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553

Re: Durable vs Non-Durable Power of Attorney

Durable means that it last through your incapacity. www.4thelaw.com

Re: Durable vs Non-Durable Power of Attorney

A durable power of attorney continues to be effective even after you are incapacitated (unable to manage your own affairs). Non-durable does not.

Usually the power of attorney is used in planning for incapacity, so you would want the durable type, but there are situations where the non-durable is preferable.