Power of Attorney Forms - Durable Power of Attorney for Property Finances, Medical, Health Care, General, Child Care POA, Limited and Specific, legal form service online
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A Durable Power of Attorney (which can grant the same authority under a General Power of Attorney or a Limited Power of Attorney) is different in that the acts by the Agent (Attorney-in-Fact) are not affected by the Principal's disability or incapacity. An Attorney-in-Fact may act as if the Principal were competent and not disabled. A Durable Power of Attorney is a Power of Attorney by which the Principal designates another as the Principal's attorney in fact in writing and the writing contains the words: "this Power of Attorney shall not be affected by subsequent disability or incapacity of the principal" or "this Power of Attorney shall become effective upon the disability or incapacity of the principal" or similar words showing the intent of the Principal that the authority conferred shall be exercisable notwithstanding the Principal's subsequent disability or incapacity.
It is important to note that a Durable Power of Attorney may be effective immediately or may become effective upon the happening of disability or incapacity occurring in the future. With an effective Durable Power of Attorney, the authority given would remain in full force and effect even if the Principal was in a coma and could not speak or communicate. Of course, this may well be the most important time for a Durable Power of Attorney to be used.
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