How is a “Durable Power of Attorney” made?
The document will identify the donor and donee(s), recite the general and specific authorities given to the donee(s), and will be signed by the donor in the presence of two witnesses. It should be notarized. It must contain language stating that the authority granted is not affected by the donors subsequent incapacity or disability. Of course, the donor must have the capacity to understand the nature and significance of his or her act.