Does Durable Power of Attorney over ride general power of attorney?

Answer 1

A general Power of Attorney gives the attorney in fact the authority to perform certain specified acts on behalf of the principal. A General Power of Attorney expires if the principal becomes incapacitated.

A Durable Power of Attorney gives the attorney in fact the authority to perform certain specified acts on behalf of the principal even if that person becomes disabled or legally incapacitated. A Durable Power of Attorney doesn't expire until the death of the principal.

General and Durable POAs grant sweeping powers unless the powers are specifically limited to those powers listed in the document. Limited POAs can also be executed that allow an attorney-in-fact to perform only a certain task on behalf of the principal. For example, a person serving in the military may grant a spouse or attorney a limited POA in order to sell a home.

Answer 2

Answer

A general Power of Attorney gives you the authority to perform certain specified acts on behalf of the principal. A General Power of Attorney expires if the principal becomes incapacitated.

A Durable Power of Attorney gives you the authority to perform certain specified acts on behalf of the principal even if that person becomes disabled or incapacitated. A Durable Power of Attorney doesn't expire until the death of the principal.

A Uniform Statutory Form POA is a form that has been adopted by many states that once adopted gives legislative sanction to a statutory POA form. This POA can be used in place of individually drafted forms or forms adapted from a form book. It does not in itself authorize the creation of a durable POA which is the recommended form. It does not authorize anyone to make medical or health care decisions. It must be revised to conform to state laws or to make it durable.

Any person who executes a form should have competent legal advice. Unless you are absolutely sure about what you're doing and fully informed about the consequences, you should consult an attorney. A POA grants sweeping powers to your attorney-in-fact. They will have complete access to your assets and will need to be capable of keeping good records. They should keep an account of all the money coming in and all the money going out by their hand. They must be trustworthy, organized, intelligent, reliable and act in a professional manner where your finances are concerned.

Answer 3

A principal should not execute two Power of Attorney documents that are in effect at the same time. However, it that is the case, the general POA would expire if the principal becomes incapacitated and the durable POA would remain in effect.

A principal should not execute two Power of Attorney documents that are in effect at the same time. However, it that is the case, the general POA would expire if the principal becomes incapacitated and the durable POA would remain in effect.

A principal should not execute two Power of Attorney documents that are in effect at the same time. However, it that is the case, the general POA would expire if the principal becomes incapacitated and the durable POA would remain in effect.

A principal should not execute two Power of Attorney documents that are in effect at the same time. However, it that is the case, the general POA would expire if the principal becomes incapacitated and the durable POA would remain in effect.

Answer 4

A principal should not execute two Power of Attorney documents that are in effect at the same time. However, it that is the case, the general POA would expire if the principal becomes incapacitated and the durable POA would remain in effect.

Answer 5

Generally, an enduring power of attorney allows the attorney in fact to make decisions about property and financial affairs and remains in effect even after the principal has become legally incapacitated. It is called a durable power of attorney in some jurisdictions and . A standard power of attorney ends when the principal becomes legally incapacitated.

Answer 6

Nondurable powers of attorney are canceled upon incompetency of the principal. A limited (special) power of attorney limits the agent's authority to certain specific areas or actions.