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Difference Between Power of Attorney & Will

Though a will and power of attorney are both documents that convey a person's wishes, they are very different in how they are treated in the eyes of the law.

  1. Will

    • A will is a document written by a person to direct how their property is handled in the event of her death.

    Power of Attorney

    • Power of attorney is a document a person (called the principal) writes, wherein he grant another person (called the agent) the right to make decisions on his behalf.

    Durable Power of Attorney

    • Durable power of attorney means the principal has granted the agent the right to keep making decisions on her behalf until the principal dies.

    Estate

    • Once a person dies, his property is referred to as an estate. The estate may be disposed of as directed by the deceased's will.

    Living Will

    • A living will is a document in which in a person directs how she wants to be treated in the case she is incapacitated and unable to make decisions for herself, but has not died. Both a living will (sometimes referred to as a medical directive or other terms) and power of attorney can be used by someone who wants to ensure her wishes are followed in the eventuality she dies or is incapacitated.

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Comments

  • Richard Hastings Dec 28, 2009
    A Power of Attorney always becomes invalid upon the death of the principal otherwise a decedent's will could be circumvented according to your article.

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