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A durable Power of Attorney will continue in effect after you become incapacitated. A nondurable Power of Attorney will end if you become incapacitated. However, in Pennsylvania all Powers of Attorney signed on or after December 16, 1992 are durable unless the document specifically states otherwise.
The difference has to do with whether the powers remain effective after the onset of a disability. That is, the regular power of attorney ceases to be effective if you become disabled, whereas the ?durable? power of attorney continues to be effective despite your subsequent disability.
A ?durable? POA is simply a power of attorney that survives the incapacity of the Principal. While a Durable General Power of Attorney grants your Agent a considerable amount of legal authority to act on your behalf, it does not grant your Agent the authority to make medical or health care decisions on your behalf.
Creating a durable power of attorney protects you and your family if you can no longer handle your health or financial problems. An experienced power of attorney lawyer can explain your options and the ramifications of each type of POA, and advise you of the right powers to fit your needs.
For most people, the best option is to have a general durable power of attorney because it gives your agent broad powers that will remain in effect if you lose the ability to handle your own finances. An attorney can customize a general POA to limit powers even more?or add powers, Berkley says.