Legal terminology can feel overwhelming, especially when planning for illness, ageing, or death. One of the most commonly misunderstood topics is the difference between power of attorney and enduring power of attorney.

While the names sound similar, the legal consequences are very different.

What is a power of attorney?

A standard power of attorney allows you to appoint someone (your “attorney”) to make financial or legal decisions on your behalf while you still have capacity.

This authority ends if:

• you revoke it

• a set time period expires

• you lose mental capacity

• you die

What is an enduring power of attorney?

An enduring power of attorney continues even if you lose capacity. This is the critical distinction and the heart of the difference between power of attorney and enduring power of attorney.

It is designed for situations such as dementia, stroke, or serious illness where decision-making ability may decline.

Why the difference matters

If someone only has a standard power of attorney and later loses capacity, the document becomes invalid. This often forces families into court processes to appoint a guardian or administrator.

An enduring power of attorney avoids this by allowing trusted decision-making to continue seamlessly.

What decisions can be made?

Depending on how the document is drafted, enduring powers may cover:

• finances

• property

• legal matters

• (in some states) limited personal decisions

Health decisions are usually handled through a separate appointment.

A clear summary

Understanding the difference between power of attorney and enduring power of attorney helps families avoid legal stress at critical moments. For most people, an enduring power of attorney provides far greater protection and peace of mind.