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Understanding the Durable Power of Attorney

Health Care Directives and Powers of Attorney1 min readBy Attorney Robert Mansour

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The third major tool in the legal toolbox is the durable power of attorney. The person in charge of it is called your agent. To put it together: the trustee is in charge of the trust, the executor is in charge of the will, and the agent is in charge of the durable power of attorney.

Your agent can handle all non-trust matters. This is worth spelling out because people confuse it with the trustee's job, which it resembles. If a matter has to do with the trust, the trustee handles it. If it has nothing to do with the trust, the person with the power of attorney handles it.

Often people choose the same person for most of these jobs. You do not have to pick a different person for every role. You can pick the same person across the board to serve in several capacities.

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