What is the Durable Power of Attorney’s effectiveness during incapacity?
A Power of Attorney is “durable” if it remains effective after the principal becomes incapacitated. In the past, a power of attorney could authorize the agent to do only what the principal could do, and therefore ceased to be effective as soon as the principal became incapable. All states have now enacted statutes authorizing the creation of durable powers of attorney where a principal can create a power that continues to be effective notwithstanding his/her incapacity.
Related Questions
- my father is incarcerated and has given me limited power of attorney which states that this p.o.a. shall not affected by disability of the principal also this p.o.a. shall become effective upon the disability of the principal. what the power ge has bestowed upon me is for banking and transcations. u
- Is is important to express my wishes in the durable power for attorney for health care designating document?
- What are the differences between durable and ordinary Powers of Attorney?
