2 thoughts on “Durable Power of Attorney Forms vs.

  1. Re: Durable Power of Attorney Forms vs. General Power of Attorney Forms
    Durable powers survive the incapacity of the principal.

    Estate planning is tricky. Many do-it-yourselfers get themselves into problems. See an estate attorney.

    James Jenkins
    Jenkins Law Center PLC
    6315 East Main Street, Suite One
    Mesa, AZ 85205

  2. Re: Durable Power of Attorney Forms vs. General Power of Attorney Forms
    Both give you power to act on behalf of another person (the “Other” person).

    The Durable Power of Attorney is valid even if the Other person is incapacitated.

    The General Power of Attorney is NOT valid if the Other person is incapacitated.

    Those are the basic rules. It doesn’t really matter what the title of the document is though. What matters is what the document actually says. (So, I could write “General POA” at the top, but then give Durable powers in the body of the document; In that case I would would have created a Durable POA)

    Brian Blum
    Blum Law Office, PLC
    2501 N. Hayden Rd., Suite 101
    Scottsdale, AZ 85257

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