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Durable and nondurable powers of attorney

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How does a durable power of attorney differ from a power of attorney?

A durable power of attorney is one with wording that expressly states the grantor’s wish that the power of attorney continue during his or her legal incapacity or incompetency. Without such wording, a power of attorney is not effective once the grantor is declared legally incapacitated (or incompetent), often the time when a power of attorney can be most useful. No power of attorney, whether durable or otherwise, remains in effect after the death of the principal, although actions completed by an attorney-in-fact ignorant of the principal’s death are considered valid and legal in many states.


Learn more about John Burnett’s When a Customer Dies webinar.

First published on 08/15/2021

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