Legal Question in Family Law in Washington

power of attorney

what is the difference between durable power of attorney and general power of attorney


Asked on 6/10/07, 1:54 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: power of attorney

That is an apples and oranges question. A DPOA is a document which allows another person to act as attorney in fact (different from attorney at law!) for the principal.

The word durable refers to the principal's intent that the document be effective even if or when the principal becomes incompetent or missing.

"General" in this context refers to the powers conferred by the instrument. The attorney in fact can do anything the principal could have done except change the principal's estate plan. That ability is what is called general.

It is distinguished from a special power of attorney, which is usually used when one party is unavailable for a specific act - e.g. husband and wife purchasing real property in the states while husband is overseas in the military.

Hope this helps. Elizabeth Powell

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Answered on 6/10/07, 2:31 pm


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