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
