Laws
- Durable – A power of attorney is durable unless it expressly provides that it is terminated by the incapacity of the principal.[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 – Signatures must be notarized to be presumed genuine. A durable power of attorney that has been signed by another person at the direction of the principal must be signed by two witnesses and their signatures notarized. The notary may be one of the witnesses.[3]
Sample