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 individual has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance or is missing, detained (incarcerated), or is outside the United States and is unable to return.[2]
- Signing Requirements – The Principal’s signature must be notarized.[3]
- If the principal resides in a hospital or nursing home at the time the power of attorney is executed, a certificate of competency signed by a nurse, physician, psychologist, or psychiatrist must be attached to the document.
- If the principal resides (or is about to reside) in a hospital or nursing home at the time the power of attorney is executed, the principal may not name any of the staff as an agent unless they are the spouse, legal guardian, or next of kin of the principal.[4]