What is a durable Power of Attorney?

In order for a power of attorney to remain in effect despite the subsequent incapacity or incompetency of the principal or the passage of time, it must be a durable POA. A durable POA is one that states that it shall remain in effect in those circumstances. If a POA is not durable, its effectiveness will cease when the principal is adjudged to be incompetent or incapacitated.

The principal may revoke the POA at any time for any reason. All powers of attorney terminate automatically upon the death of the principal. Any language quoted to the contrary will not extend the effectiveness of the POA beyond the principal’s death.

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