Legal Question in Elder Law in Massachusetts

Re: power of attorney

A durable power of attorney means that the power remains in effect even after the person who signed it becomes incapacitated. A general power of attorney means that it can be used for many purposes - banking, real estate transfers, dealing with automobiles, retirement accounts life insurance, etc. - instead of just one purpose like signing checks on one account, or selling a piece of real estate.

A general power of attorney can be durable, and a durable power of attorney can be general. They are often called A General Durable Power of Attorney to make it clear that they are both general and durable.

Re: power of attorney

Durable Power of Attorney comes into effect when one is no longer capable of handiing one's affairs. A regular power of attorney is current and will terminate when the grantor of the power is no longer capable of handling their own affairs. You can have a DPOA with current effect so it works currently and when one becomes disabled.

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