Durable Power of Attorney
Estate Planning Attorney in Westlake Village and Thousand Oaks, CA
What is a Durable Power of Attorney?
There is a very significant difference between a Power of Attorney and a Durable Power of Attorney. A Power of Attorney allows an agent to act for another (the principal) during the time that the principal has capacity. This is generally for a short duration of time (to sell a house while the principal is away or complete some other transaction). However, if the principal was to become incapacitated for some reason then the Power of Attorney would terminate immediately upon the happening of the incapacity and the agent would have no further power.
A “Durable” Power of Attorney allows an agent to act for the principal AFTER the principal becomes incapacitated, which is often times exactly when the principal needs the agent to act.
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