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What is the difference between a Power of Attorney and a Durable Power of Attorney?

Posted on 9th May, by Will Torchia in Contracts. No Comments

The power or powers granted to an Agent or Attorney-in-Fact in a Power of Attorney ceases to exist upon the incapacitation, unconsciousness, the grantor becomes non compos mentis, or upon the grantor’s revocation of the power. Notice must be given to the Agent or Attorney-in-Fact while the grantor is compos mentis in writing.

The power or powers granted to an Agent of Attorney-in-Fact by a Durable Power of Attorney continue(s) to remain in force even after the grantor of the power(s) becomes incapacitated  or until the death of the granter of the power(s),even if the grantor is incapacitated, unconscious, or non compos mentis, unless revoked in writing with notice to the Agent or Attorney-in-Fact.

The important thing to remember is that all Powers of Attorney and Durable Powers of Attorney cease upon the death of the grantor of the powers.

This information is contingent upon its being in conformity with current laws and regulations.

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