Durable Power of Attorney vs Medical Power of Attorney: What You Need to Know Part I

No one anticipates that they will one day become incapacitated. Unfortunately, we cannot know what the universe has in store. No one can tell the future, and preparing for every unknown is a responsible way to ensure your interests and your families’ are looked after: come what may.

Understanding how a power of attorney works is essential to protecting yourself and your family members if you do become incapacitated. Two important tools are the durable power of attorney, as well as the medical power of attorney. These tools sound similar, but they are very different and serve different purposes. This article aims to help readers begin to recognize the difference between these vital tools. In this series we will also discuss why each tool matters, and how to decide what belongs in your own estate plan.

Read on to begin the discussion: and for official, experienced legal counsel, contact an experienced wills & probate attorney with Suncoast Civil Law.

1. What is a Power of Attorney and Why Does it Matter?

A “power of attorney” is a legal document that appoints a designated person that you trust to act on your behalf. This means that the person designated in the power of attorney can step up and make decisions for you if you are unable to do so.

The power of attorney gives your chosen agent authority to handle matters according to your wishes. Without one, dueling family members may be forced to go through court in order for important decisions to be made.

2. How Do Durable Powers of Attorney Work?

A durable power of attorney will allow a designated, trusted person to continue making financial decisions on your behalf even if you become incapacitated. Unlike a standard form, a durable power of attorney will remain effective even when you cannot make decisions for yourself.

This tool can become vital for handling items such as bank accounts, paying bills, and managing real property. A durable power of attorney may also extend to decisions pertaining to long-term care planning. Because a durable power of attorney continues to function after incapacity, they ensure there is not a gap in the financial management of your estate.

3. What is a Medical Power of Attorney?

A medical power of attorney will authorize someone to make medical decisions for you. If you become unable to make medical decisions, your designated health care agent will step in to make decisions concerning your treatments, medical procedures, and/or direct your end-of-life care.

4. What is the Difference Between a Durable Power of Attorney and a Medical Power of Attorney?

A main differentiator between a medical power of attorney and a durable power of attorney lies in the types of decisions that each tool covers. A durable power of attorney will allow a designated person to handle your financial decision: a medical power of attorney grants the power to make healthcare decisions.

The difference between a durable power of attorney and a medical power of attorney is critical in the estate planning process. An experienced wills & probate attorney can help.

Contact Suncoast Civil Law

If you have questions concerning your own estate plan, contact an experienced Sarasota wills & probate attorney with Suncoast Civil Law.

Sources:

northescambia.com/2025/07/florida-attorney-general-charges-woman-with-exploitation-of-elderly-escambia-man

naplesnews.com/story/news/local/2025/08/03/what-are-the-hoa-rules-in-florida-here-are-some-answers/85397289007/