Power of Attorney

General Power of Attorney

What is a General Power of Attorney?
A General Power of Attorney (also called a financial power of attorney) is a legal document that gives an individual (your "Attorney-in-Fact") the authority to act on your behalf in various legal and financial scenarios. The timing, circumstances, and specific powers associated with this authority are all choices covered in your Power of Attorney document. Depending on your preference, this authority can be quite broad or extremely limited.

What is a General "Durable" Power of Attorney?

This term indicates the circumstances under which your General Power of Attorney is active.

"Durable" describes a grant of authority (to your Attorney-in-Fact) that is valid regardless of your mental state. Also called an Immediate Power of Attorney.

Mentally healthy = legally effective.
Mentally incapacitated = still legally effective.

What is a General "Springing" Power of Attorney?
Much like "Durable," "Springing" is a legal term to describe the circumstances under which your Attorney-in-Fact's authority is active/effective.

"Springing" describes authority that only becomes valid upon your mental incapacity.

Mentally healthy = not legally effective.
Mentally incapacitated = legally effective.


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