Legal Question in Wills and Trusts in Ohio

Re: powers of attorney

If you have specific documents you are referring to, you need to look at the documents to see what powers were granted in each. The "durable" language only refers to the fact that it is still valid during the Maker's disability.

Re: powers of attorney

The power that an agent has is that which is spelled out in the document, except where certain entities such as banks or brokerage companies may not honor a general power of attorney and require their own power of attorney be executed. General powers of attorney are not effective if the grantor of the powers becomes incompetent or dies.

With regard to "durable" powers of attorney, this general refers to a Durable Power of Attorney for Health Care. However, as attorney Flaherty pointed out, the term "durable" generally means that, unlike a general power of attorney, a durable power of attorney continues in full force even if the Grantor becomes incompetent.