Laws
- Durable – A power of attorney is durable unless it expressly states that it is terminated by the incapacity of the principal.[1]
- Incapacity – Means an individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication or other cause to the extent that the individual lacks sufficient understanding, capacity or ability to receive and evaluate information or make or communicate decisions regarding the individual’s property or business affairs; or 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 – Must be notarized.[3]