Laws
- Durable – A power of attorney is durable if it contains the words: “This power of attorney shall not be affected by the subsequent incapacity of the principal,” or “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.[1]
- Incapacity – Means inability of an individual to manage his or her property or business affairs.[2]
- Signing Requirements – A power of attorney must be dated and signed by the principal (or by another person in the presence of the principal and at their express direction) in the presence of a notarial officer and one adult witness who is neither:[3]
- Related to the principal by blood, marriage, or adoption; nor
- entitled to any portion of the estate of the principal under the principal’s then existing will or codicil or amendment thereto or trust instrument.