What is a “Durable Power of Attorney”?

A Power of Attorney terminates if the principal (signer) becomes incapacitated, unless it is a special kind of Power of Attorney known as a “Durable Power of Attorney.”

A Durable Power of Attorney remains effective even if a person becomes incapacitated. However, there are certain exceptions specified in Florida law when a Durable Power of Attorney may not be used for an incapacitated principal.A Durable Power of Attorney must contain special wording that which provides that the power survives the incapacity of the principal. Most Powers of Attorney granted today are durable.