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What is the difference between a durable power if attorney and a power of attorney?

Mobile, AL |

Need more information as to the difference of a durable power of attorney and a "plain" POA

Attorney Answers 3

  1. While a regular power of attorney can be used to designate someone to act as your agent (your attorney-in-fact), the powers terminate upon your (the principal's) death or incapacity.

    In contrast, the powers granted to your agent under a durable power of attorney continue in the event you become incapacitated. Both types of power of attorney are terminated upon the death of the principal.


    Hope this helps.

    This answer is in response to a general legal question and is intended for informational purposes only. It does not constitute legal advice. Use of this website and its e-mail link does not create an attorney-client relationship with Attorney Mekdsy. Messages with confidential information should not be sent to Attorney Mekdsy via the e-mail link. The information provided in this answer must not be used as a substitute for consulting with an attorney. Brian Mekdsy is licensed to practice law in the Commonwealth of Massachusetts only.

  2. If I understand the distinction you are trying to make, a "plain" power of attorney confers a specific power. For example, the power to close on a sale while you're out of town and nothing else.

    Sometimes "durable" and "general" powers of attorney are combined to allow the person with the power to perform any legal activity the person conferring the power could do. Are you evaluating a power of attorney that confers power to do anything and everything or something more limited? How long and under what conditions would you want this power to last? Would this power of attorney involve residents of Alabama?

    Note also that the law regarding the form and content for powers of attorney in Alabama was amended effective January 2012 so an older power of attorney may need to be updated depending on circumstances best addressed with an attorney who can get more details.

    My suggestion is that you call an Alabama lawyer who can answer whatever issues that cause you to ask this question and get advice about the specific power of attorney you need, or need to interpret.

    Hope this helps.

  3. A Durable PoA is valid if you become incompetent or incapacitated. A regular PoA only allows the Agent appointed to do what you can do, therefore, if you become incapacitate your Agent would not be able to use the PoA as it would be invalid

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