Signing Requirements
The principal and the agent are required to have their signatures acknowledged by a notary public (§ 404.705(3)).
Definition of “Durable”
“Durable power of attorney”, a written power of attorney in which the authority of the attorney in fact does not terminate in the event the principal becomes disabled or incapacitated or in the event of later uncertainty as to whether the principal is dead or alive and which complies with subsection 1 of Section 404.705 or is durable under the laws of any of the following places:
(a) The law of the place where executed;
(b) The law of the place of the residence of the principal when executed; or
(c) The law of a place designated in the written power of attorney if that place has a reasonable relationship to the purpose of the instrument (§ 404.703(4))
Definition of “Power of Attorney”
“Power of attorney,” a written power of attorney, either durable or not durable (§ 404.703(4)); “Attorney in fact,” an individual or corporation appointed to act as agent of a principal in a written power of attorney (§ 404.703(1)).