Asked in Family Law and Probate for Oregon

Q: Is a durable power of attorny the same as a will?

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2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI

A: No.

But both documents are commonly done together by estate planners. Each document operates at a DIFFERENT TIME than the other as well. PoAs are only effective during your lifetime, Wills only effective after death.

If you have specific questions about YOUR situation, you should consult with a local estate planning attorney.

--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!

Ben F Meek III agrees with this answer

Joanne Reisman
Joanne Reisman
Answered
  • Probate Lawyer
  • Portland, OR
  • Licensed in Oregon

A: No. It is a completely different document but it is an important part of making a comprehensive estate plan. A durable power of attorney gives another individual the power to act on your behalf and deal with your money and property. This can help in an emergency if you are sick or incapacitated. The durable power of attorney ceases to work when you die. It is only effective while you are alive. A Will, on the other hand, only serves to administer your property after you die. But the Will could be a meaningless piece of paper if you don't understand what the nature of your holdings are and how a Will interacts with your property. There are situations were property is controlled by another legal device and the Will cannot correct this.

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