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.
A durable POA allows the attorney in fact to act even after the principal becomes incapacitated. A general POA does not.
A durable power of attorney that specifies an occurrence or a future date for the document to become effective.
A general Durable Power of Attorney provides the attorney-in-fact with broad powers. However, a person can execute a Power of Attorney that specifically limits the powers and duties of the attorney-in-fact. It can be tailored to exactly meet the needs of the principal and it should be drafted by an attorney. A separate health care proxy that names a different individual could be drafted at the same time by the same attorney who can make certain the desires of the principal have been properly expressed and addressed and the powers of the two agents do not overlap.
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.
Durable power of attorney ONLY cover financial decision making. A medical power of attorney covers medical decision-making.
A durable power of attorney represents a living person. The will takes effect on the death of the grantor.
This does not exist, it is either a Maryland general power of attorney which gives someone the right to act on someone else's behalf for financial reasons, but the form becomes VOID if the person granting power becomes incapacitated or too ill to think for themselves-or-Durable power of attorney which is the same thing as the general except the durable stays VALID if the person granting becomes too ill to think for themselves.
Yes. You should be sure to have a general power of attorney and/or medical power of attorney.
Yes, it can be revoked. The grantor has to notify the person.
A Durable Power of Attorney remains in effect even after the principal has become incapacitated. A General POA would expire.
If the Durable POA is valid in the state where it will be used then it should be accepted.
No, durable power of attorney, although meant for financial decision-making, is restricted against amending wills.