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 the person has an impairment in the ability to receive and evaluate information or make or communicate responsible decisions even with the use of technological assistance for reasons such as mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or lack of discretion in managing benefits received from public funds; or is missing, detained (incarcerated), or is outside the United States and is unable to return.[2]
- Signing Requirements – Must be notarized.[3]