• What is the difference between a Durable Power of Attorney and a Power of Attorney?
  • November 21, 2017 | Author: Anthony Joseph Cetrangelo
  • Law Firm: Threlkeld & Cetrangelo, P.A. - Naples Office
  • Incapacitation and a Power of Attorney

    What is the difference between a Power of Attorney and a Durable Power of Attorney?
    This is an interesting question that I am often asked in my Estate Planning consultations. The answer is, a Power of Attorney will terminate once the principal becomes incapacitated.

    Incapacitation and a Durable Power of Attorney

    A Durable Power of Attorney is a special kind of Power of Attorney that will not terminate if the principal becomes incapacitated. Instead, the Durable Power of Attorney will generally continue to be effective even when the person becomes incapacitated. The Durable Power of Attorney must encompass certain language in it that establishes that the power survives the incapacitated principal. Remember, whether it is a Power of Attorney or a Durable Power of Attorney, both legal documents are terminated upon the death of the principal.