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Home Q&A Forum What’s the Difference between General POA and Durable POA

Estate Planning

Durable Power of Attorney for Finances

Illinois

Asked on Apr 19, 2023

What’s the Difference between General POA and Durable POA

I’m trying to get POA over my Mother Financial because she not Paying the Mortgage which is past over due along with some Bills she hasn’t paid on in months I don’t us to lose our home and she suffers from Dementia and we Both recently suffered from a stroke I would appreciate if you respond to my message beside With a Hi There !

1 Attorney answer

Answer

Estate Planning

Illinois

Answered 411 days ago

T. Phillip B.

ContractsCounsel verified

Business Lawyer
Licensed in Illinois
Free Consultation

I'm not a fan of either term as I find they just confuse things. Durable usually is referring that it remains effective after incapacity. Sometimes general is looked at as terminating at becoming incapacitated. Another term which comes up is springing which this one makes more sense where it isn't effective immediately but upon a date or occurrence (usually someone being deemed incapacitated). I don't think I'd ever create a POA where it terminates at incapacity since that's when I'd need it to work. Now you say your mother has dementia. Will she understand what she is signing and the purpose of the document? If not, she doesn't have the required mental capacity to establish a POA and will have to have a guardian appointed by the court.

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