Legal Question in Wills and Trusts in North Carolina

Power of Attorney

Is a ''DURABLE POWER OF ATTORNEY'' the same as a ''GENERAL POWER OF ATTORNEY'' and does it grant all powers to the grantee?

Asked on 1/12/07, 7:22 am

1 Answer from Attorneys

Jeff Rosner Rosner Law Firm P.A.
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Re: Power of Attorney

This is the definition of a Durable Power of Attorney:

A durable power of attorney is a power of attorney by which a principal designates another his attorney-in-fact in writing and the writing contains a statement that it is executed pursuant to the provisions of this Article or the words "This power of attorney shall not be affected by my subsequent incapacity or mental incompetence," or "This power of attorney shall become effective after I become incapacitated or mentally incompetent," or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent incapacity or mental incompetence.

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1/12/07, 8:23 am

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