Laws
- Durable – To be durable, a power of attorney document must include similar language to:
- “This power of attorney is not affected by subsequent disability or incapacity of the principal or lapse of time;” or
- “This power of attorney is effective on the disability or incapacity of the principal.”[1]
- Incapacity – Referred to as “disability” and means “a physical or mental impairment that substantially limits one or more major life activities.”[2]
- Signing Requirements – Must be signed by a witness and notary public.[3]