Durable Power of Attorney
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Normal Powers of Attorney terminate if and when the Principal becomes unable to act -- due, for example, to Alzheimer's disease. If a power of attorney terminates in such circumstances, powers of attorney would not be very useful to help people plan to have someone act for them if they are unable to act for themselves. It is precisely when persons can no longer do for themselves that a power of attorney is most valuable.
To remedy this inconsistency, the law created a "Durable Power of Attorney" that remains effective ("durable") even if a person becomes incapacitated. The only thing that distinguishes a Durable Power of Attorney from a regular Power of Attorney is special wording that states that the power survives the Principal's incapacity. Even a Durable Power of Attorney, however, may be terminated under certain circumstances if court proceedings are filed.
To remedy this inconsistency, the law created a "Durable Power of Attorney" that remains effective ("durable") even if a person becomes incapacitated. The only thing that distinguishes a Durable Power of Attorney from a regular Power of Attorney is special wording that states that the power survives the Principal's incapacity. Even a Durable Power of Attorney, however, may be terminated under certain circumstances if court proceedings are filed.