Written by Benjamin Kingsley

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.

The term “durable” on a power of attorney (POA) refers to a crucial characteristic that allows the document to remain in effect even if the principal becomes incapacitated. This is a key feature that distinguishes a durable power of attorney from a standard or “nondurable” power of attorney.

With a standard POA, the agent’s authority to act on behalf of the principal terminates if the principal becomes mentally incompetent or unable to make decisions for themselves. This can create significant issues if the goal is to have someone manage affairs when the principal is no longer able to do so.

A durable power of attorney, on the other hand, remains valid and enforceable regardless of the principal’s mental state. This means the designated agent can continue to make financial decisions, handle legal matters, or make healthcare choices (depending on the scope of the POA) even if the principal becomes incapacitated due to illness, injury, or cognitive decline.

To create a durable power of attorney, specific language must be included in the document stating that the power of attorney will remain in effect even if the principal becomes incapacitated. The exact wording may vary by state, but it generally includes phrases like “This power of attorney shall not be affected by subsequent disability or incapacity of the principal” or “This power of attorney shall become effective upon the disability or incapacity of the principal.”

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.