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A general (or limited or specific) power of attorney gives the attorney in fact the power to handle the financial affairs (but not medical decisions for) of the grantor.

A medical (or health-care) power of attorney gives the attorney in fact the power to make medical decisions for (but not handle the financial affairs) of the grantor.

The word "durable" on any power of attorney means that the power of attorney will not become invalid if the grantor is mentally or physcially incapacitated.

Although a medical power of attorney is also usually durable (since it would most often be needed when the grantor is incapacitated) the phrase "durable power of attorney" usually is used to describe a financial rather than a medical POA.

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15y ago
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13y ago

The first one is a declaration expressing the person's legal right to refuse medical or surgical treatment when the attending physician has determined that there is no medical probability of recovery from the condition.

The second one gives another person the legal authority to make medical decisions for the principal if he / she is unable to.

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13y ago

The first one is a declaration expressing the person's legal right to refuse medical or surgical treatment when the attending physician has determined that there is no medical probability of recovery from the condition.

The second one gives another person the legal authority to make medical decisions for the principal if he / she is unable to.

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11y ago

durable and irrevocable are legal forms that allows someone to act in all financial powers for someone else that is legal under law

Irrevocable power of attorney is a form that allows the same actions as the durable form but cannot be canceled or voided.

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11y ago

A living will goes into effect only when a patient is facing imminent death. It does not address what could be temporarily incapacitating conditions like brain injury or stroke. It also speaks only to narrow questions of whether comfort care should be provided.

A power of attorney for health care allows people to appoint someone they trust to make medical decisions for them if they are unable to do so themselves.
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A living will is a health care directive. Decisions you make ahead of time when you might not be able to understand the care you need or need help in deciding what to do. This could be a result from a car accident, you are unable to give your own command of your care. A head injury, say as a player of sports. Or a stroke/heart attack. It does not have to be if you are dying. But unable to tell doctors where you draw the line on care. Some people have issues for no rescue care (DNR) or blood transfusions.
If you are a minor, your parents or guardian makes these decisions. If you have no parent/guardian and are a minor, the state makes you a ward, assigns someone as your guardian (levels of that are different too). Ultimately the court can decide your care.
An adult cannot be forced for medical treatment where as a child, the state can over ride the parents decision.
IE: recent case here, infant with HIV positive mother, infant tested HIV positive. Mom court forced to administer medication to child. She had not wanted to. State took baby for short time, mom has baby back now. Must (on SKYPE) give meds twice a day.
IE: child with cancer. Parents did not believe in medications. Court stepped in to make sure child had medications, against the beliefs of the parents.
Each state will be different.

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10y ago

An attorney of power is an official document that allows someone to act on someone other's behalf. There is just one difference between the durable and the traditional (regular) power of attorney, that is, when a person becomes disabled, the durable attorney of power is still effective, whereas in case of the regular attorney of power the validity ends.

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9y ago

A will takes effect after the death of the individual. A power of attorney represents a living person and expires on the death of the grantor.

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12y ago

A durable power of attorney is not affected by the subsequent disability or incapacity of the principal.

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13y ago

A durable power of attorney is effective even when the principal becomes incapacitated. A general POA expires when the principal becomes incapacitated.

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Q: What is the difference between durable Power of attorney then power of attorney?
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Related questions

What is the difference between an Enduring power of attorney and springing power of attorney?

A durable power of attorney is one that "endures" and remains effective even if the person making it becomes legally incapacitated. A springing power of attorney does not become effective when the power of attorney is signed, but instead "springs" into effect upon the legal incapacity of the person making it.


What happens to the durable power of attorney when the person passes?

The power of attorney represents a living person. The durable power of attorney will end with the death of the grantor.


What is a springing durable power of attorney?

A durable power of attorney that specifies an occurrence or a future date for the document to become effective.


Does a will exceed a durable power of attorney after death?

A durable power of attorney represents a living person. The will takes effect on the death of the grantor.


Can Durable Power of Attorney override a Will?

No, durable power of attorney, although meant for financial decision-making, is restricted against amending wills.


Who is a patients durable power of attorney?

A patient has a Durable Power of Attorney only if they have executed such a legal document in the past. The person named in the Durable Power of Attorney is the attorney-in-fact. If an incapacitated patient did not execute such a document when they were legally capable then someone must be appointed as their guardian by a court.


Does a durable power of attorney cover medical and financial issues?

Durable power of attorney ONLY cover financial decision making. A medical power of attorney covers medical decision-making.


What is the difference between power of attorney and attorney in fact?

The person given power to act under a Power of Attorney document is called the Attorney-in-fact or Agent.


What is the Difference between power of attorney and registry?

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Will a durable power of attorney be accepted if not drafted by an attorney?

If the Durable POA is valid in the state where it will be used then it should be accepted.


What is the purpose of a durable medical power of attorney?

The purpose of the durable medical power of attorney is to name another person to make medical decisions on your behalf.


What is the definition of Duarble power of attorney?

"Durable" means, with respect to a power of attorney, not terminated by the principal's incapacity.