Durable Power of Attorney – A Durable Power of Attorney is a legal document that authorizes one person to act on behalf of another person in financial and legal matters. It is called “Durable” because it remains valid after the person granting the power has lost his or her mental capacity; this is when a Power of Attorney is most often needed. The person who is given the power is called an Attorney-In-Fact.
Wills – A Will is the document where you state who gets your stuff when you die and is an important part of estate planning. The person who carries out your wishes is the Personal Representative; that person used to be called the Executor. Your Personal Representative does not make the decisions as to who gets what – you do in your legal Will. Your Personal Representative does not undertake his or her role until after you have died and thus has no say in anything as your Personal Representative until you have died and the Court has approved his or her appointment.