powers of attorney
what powers does an agent have with general power of attorney vs. general durable power of attorney?
2 thoughts on “powers of attorney
what powers does an agent have with general power of…”
Re: powers of attorney
If you have specific documents you are referring to, you need to look at the documents to see what powers were granted in each. The “durable” language only refers to the fact that it is still valid during the Maker’s disability.
James Flaherty
James G. Flaherty Co., L.P.A.
616-B Office Parkway
Westerville, OH 43082-6064
Re: powers of attorney
The power that an agent has is that which is spelled out in the document, except where certain entities such as banks or brokerage companies may not honor a general power of attorney and require their own power of attorney be executed. General powers of attorney are not effective if the grantor of the powers becomes incompetent or dies.
With regard to “durable” powers of attorney, this general refers to a Durable Power of Attorney for Health Care. However, as attorney Flaherty pointed out, the term “durable” generally means that, unlike a general power of attorney, a durable power of attorney continues in full force even if the Grantor becomes incompetent.
Paul Nidich
Paul A. Nidich, Attorney-at-Law
4555 Lake Forest Drive, #365
Cincinnati, OH 45242
Re: powers of attorney
If you have specific documents you are referring to, you need to look at the documents to see what powers were granted in each. The “durable” language only refers to the fact that it is still valid during the Maker’s disability.
James Flaherty
James G. Flaherty Co., L.P.A.
616-B Office Parkway
Westerville, OH 43082-6064
Re: powers of attorney
The power that an agent has is that which is spelled out in the document, except where certain entities such as banks or brokerage companies may not honor a general power of attorney and require their own power of attorney be executed. General powers of attorney are not effective if the grantor of the powers becomes incompetent or dies.
With regard to “durable” powers of attorney, this general refers to a Durable Power of Attorney for Health Care. However, as attorney Flaherty pointed out, the term “durable” generally means that, unlike a general power of attorney, a durable power of attorney continues in full force even if the Grantor becomes incompetent.
Paul Nidich
Paul A. Nidich, Attorney-at-Law
4555 Lake Forest Drive, #365
Cincinnati, OH 45242