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Pennsylvania Estate Law Library

Power of Attorney, Durable
Historically, an agent lost all authority to act under a valid power of attorney when the principal became incapacitated or incompetent.

The concept of durability was introduced to allow an agent to continue acting after the principal's disability or incapacity. A "durable power of attorney" is one that remains valid after the principal is unable to independently manage his or her own affairs.

Unless the document specifically indicates otherwise, all powers of attorney created in Pennsylvania are presumed to be durable.

See: Agent, Eligibility; Powers, Scope; Agent, Role and Duties; Agents Compared With Guardians