Laws
- Durable – A power of attorney is durable if it contains the words “This power of attorney shall not be affected by disability of the principal,” or “This power of attorney shall become effective upon the disability of the principal,” or similar words showing the intent of the principal is that the power of attorney is durable.[1]
- Incapacity – Means the inability of a person to manage their property or business affairs because of an impairment in their ability to make decisions or because the person 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]
Sample