Durable Power of Attorney
Because power of attorney is limited by competency of the principal, some states have authorized a special legal device for the principal to express intent concerning the durability of the power of attorney to survive disability or incompetency. A durable power of attorney document contains the words "This power of attorney shall not be affected by subsequent incapacity of the principal" or similar language.
Durable Power of Attorney
Gives another person the right to make healthcare decisions for you
when you are unable to do so.
This legal device is an important alternative to guardianship, conservatorship, or trusteeship. The laws vary from state to state, and since this puts a considerable amount of power in the hands of the attorney-in-fact, it should be drawn up by an attorney licensed to practice in the state of the client. This device is to compensate for the period of time when an individual becomes incompetent to manage his own affairs appropriately.
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Notice: The information provided is of general nature and is not intended to replace the advice and counsel of an attorney.