Medical Power of Attorney v. Durable Statutory Power of Attorney

Although they sound similar, the Medical Power of Attorney and the Durable Statutory Power of Attorney are vastly different. They are both essential estate planning documents that individuals should understand and possess.

In a durable statutory power of Attorney, an individual designates authorities, or “powers”, to another person, who becomes their “agent”, by selecting the authorities that they want to grant to their agent. The options range from financial, legal, and real estate powers. It is “durable” because its authority does not terminate if the granting individual becomes disabled or incapacitated.

On the other hand, a medical power of attorney allows an individual, or “grantor” to designate a trusted family member to make medical decisions on their behalf if they become unconscious or mentally incapable of making medical decisions. This document gives general authority to make medical decisions and must be signed when the grantor is not incapacitated. If the grantor wishes to restrict the medical authority of their agent, it must be specified in the document.

At Oliver Hadzic Law, we provide estate planning packages that cover all the necessary estate planning documents, including the Medical Power of Attorney and Durable Statutory Power of Attorney. We always provide free initial consultations!

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