Durable vs Non-Durable Power of Attorney: What’s the Difference?
When planning for the future, it is important to think carefully about who will make decisions if you cannot. Many people work with a wills and estates lawyer in Milton to prepare powers of attorney as a key part of their estate plan. However, people often mix up durable and non-durable powers of attorney, which serve different purposes.
Understanding how these documents work can help you choose the best option for your needs in Canada and avoid costly mistakes down the road. In this guide, we clarify these by highlighting the specifics of durable vs non-durable power of attorney.
Understanding Durable vs Non-Durable Power of Attorney
A durable power of attorney stays in effect if you become mentally or physically unable to act. It lets your agent step in when you cannot handle things yourself. It ensures continuity and also lowers stress for your family.
A non-durable power of attorney stops working if you lose mental capacity. It is often used for short-term tasks. These include selling a home while you are away. This type ends the moment you can no longer make choices. That means your agent loses power when they may be needed most.
When comparing durable and non-durable powers of attorney, the main question is about control. Does it continue after a loss of ability? If you want your agent to stay in charge when you cannot decide for yourself, you will want a durable version.
