Laws
- Durable – A power of attorney document is durable if it contains the words: “This power of attorney is not affected by subsequent disability or incapacity of the principal”; or “This power of attorney becomes effective on the disability or incapacity of the principal”; or similar words that clearly indicates the principal’s intention that the power of attorney will be durable. [1]
- Incapacity – Unless otherwise defined by a durable power of attorney, an individual is considered “disabled” or “incapacitated” (for purposes of the durable power of attorney) if a physician certifies in writing that the individual is determined to be mentally incapable of managing their financial affairs.[2]
- Signing Requirements – The principal must have their signature notarized.[3]