What makes a Power of Attorney "Durable"?

What makes a power of attorney durable? A durable power of attorney is effective even though you are incapacitated. If you are planning for possible future incompetency, your power of attorney must be durable. To be durable, a power of attorney must state that it either remains or becomes effective after you become incapacitated. A nondurable power of attorney ends if you become incompetent or incapacitated. Someone may act on your behalf under a nondurable power of attorney only if you are competent, and it is used for reasons other than planning for incapacity.  more

This is a matter of state law. The Uniform Durable Power of Attorney Act has been adopted by 48 states and, provides, the following definition in Section 2 thereof: A durable power of attorney is a power of attorney by which a principal, in writing, designates another as his attorney in fact 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 continue notwithstanding the subsequent disability or incapacity of the principal. Thus, the first requirement is that there be a written document and, secondly, the document contain words such as those above which clearly indicate that the principal intended the POA to be effective even after he or she became incapacitated. Although the language of the Uniform Act ...  more