Laws
- Durable – A power of attorney for health care decisions is durable if it contains the words “this power of attorney for health care decisions shall not be affected by subsequent disability or incapacity of the principal” or “this power of attorney for health care decisions shall become effective upon the disability or incapacity of the principal,” or similar words showing the intent that the power of attorney will not terminate due to the Principal’s incapacity.[1]
- Incapacity – Means the inability of a person to manage their property or business affairs because of an impairment, is missing, detained (incarcerated), or is outside the United States and is unable to return.[2]
- Signing Requirements – The Principal must have their signature notarized.[3]