What makes a durable power of attorney durable?
A Durable Power of Attorney is “durable” because is remains effective even if you become incapacitated. A simple power of attorney terminates upon the incapacity of the grantor. Unless the power specifically indicates it is durable, it is not durable and will terminate upon incapacity. Should I have a Durable Power of Attorney? Yes. The Durable Power of Attorney should be in place in the event you become disabled. It can contain a “springing” provision so that it only becomes effective upon your incapacity. Durable Power of Attorney can be a better way to deal with incapacity than a guardianship. It avoids the time and expense of court proceedings for a guardianship.
