What is the difference between Durable and Non-Durable Power of Attorney?
The regular, or non durable, Power of Attorney, is effective immediately, but automatically terminates when the Principal becomes incompetent. If incompetency does occur, perhaps the time when a Power of Attorney is most necessary, in order to manage the incompetent individual’s estate, that individual’s family would need to seek the appointment of a guardian or conservator from the Probate Court. Alternatively, if a Durable Power of Attorney exists, the power of the Attorney-in-Fact to act on the Principal’s behalf continues even after the Principal becomes incompetent.
