Laws
- Durable – A power of attorney is durable when the writing contains the words “This power of attorney shall not be affected by the incompetency of the donor”, or “This power of attorney shall become effective upon the incompetency of the donor”, or similar words showing the donor’s intent that the power of attorney is durable.[1]
- Incapacity – means lacking the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority, or other disabling cause.[2]
- Signing Requirements – The donor’s signature must be notarized.[3]