Laws
- Durable – A power of attorney is durable when it contains the words:[1]
- “This power of attorney shall not be affected by subsequent incapacity of the principal;”
- “This power of attorney shall become effective upon the incapacity of the principal;” or
- Similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent incapacity.
- Incapacity –“Incapacity” means impairment of a person’s abilities to understand the consequences of their actions due to a deficit in:
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- Alertness and attention
- Information processing
- Thought processes
- Ability to modulate mood and affect.[2]
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- Signing Requirements – Principal’s signature must be acknowledged by two witnesses or a notary public.[3]
Sample