Powers of Attorney- Part 5

Is your Power of Attorney Durable?

I have interchangeably used the words "durable power of attorney" and "power of attorney" in previous posts. In fact, the word "durable" has a significant impact on the effectiveness of your power of attorney. A power of attorney that is durable survives the incapacity of the grantor. As a default rule, all powers of attorney terminate upon the incapacity of the grantor of that power unless the document states that it will continue during incapacity. In most cases, it is important to ensure that your power is durable, as most people want a power of attorney to protect against incapacity.

In order to determine if your power of attorney is durable, review it to see if the term "durable" is used or if there is a specific statement that the power will survive the incapacity of the grantor.