Difference Between General & Durable Power of Attorney

By Renee Booker
Difference Between General & Durable Power of Attorney

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Two types of power of attorney documents exist. Whether to use a general power of attorney or a durable power of attorney ultimately depends on how much power the grantor wishes to give to the grantee.

History

The general power of attorney is a way to allow someone to act in your behalf in your absence.

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The general power of attorney is a way to allow someone to act in your behalf in your absence. The durable power of attorney recently emerged to allow a general power of attorney to remain in effect when you need it the most.

Function

A general power of attorney becomes durable by adding specific language to the document.

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A general power of attorney gives someone the legal authority to act on your behalf in almost all situations. The grantee may sign your name, engage in business transactions and make decisions regarding your finances, property and health. A general power of attorney becomes durable by adding specific language to the document.

Termination

In other words, if the grantor dies or becomes incapacitated physically or mentally, then the power of attorney terminates.

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A general power of attorney may terminate for a number of reasons, including the incapacity of the grantor. In other words, if the grantor dies or becomes incapacitated physically or mentally, then the power of attorney terminates. When added provisions make the power of attorney a durable power of attorney, the rights afforded by the document survive the incapacity of the grantor. If the grantor is incapacitant, the grantee can still exercise her power of attorney.

About the Author

Renee Booker has been writing professionally since 2009 and was a practicing attorney for almost 10 years. She has had work published on Gadling, AOL's travel site. Booker holds a Bachelor of Arts in political science from Ohio State University and a Juris Doctorate from Indiana University School of Law.

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