Legal Question in Elder Law in Massachusetts
power of attorney versus durable power of attorney
Can you explain the differences and benefits between a power of attorney, and a durable power of attorney? Also, is that different than guardianship. Are these assigned to one person, or can they be shared by a few (children)?
1 Answer from Attorneys
Re: power of attorney versus durable power of attorney
A durable power of attorney is a document that you sign that appoints another person to manage your property for you in the event you are unable. A "durable" power of attorney means that it remains in effect even if you become incapacitated.
You can appoint more than one person, although it is often better to have one person serve at a time, with several alternate named.
There is basic information about durable powers of attorney on my blog: http://is.gd/mJq9
A guardianship is a process by which the Court appoints someone to handle your property and your personal and medical decisions. A guardianship is usually not necessary if a person has signed a health care proxy and durable power of attorney, since those documents allow your affairs to be managed by someone else in the event of your incapacity. There is more information about guardianships on my blog: http://is.gd/mJrJ
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