For example, your agent can continue (or start) acting on your behalf if you’re diagnosed with dementia. A durable power of attorney allows your agent to decide on your behalf even if you become incapacitated. The difference between a Durable Power of Attorney and a Power of Attorney is that the former remains in effect even if you become incapacitated, while the latter does not. Article 4 includes miscellaneous provisions.ĭurable Power of Attorney vs.Article 3 provides sample statutory power of attorney and agent’s certification forms that can be used but are not required.Article 2 provides the areas of authority granted to an agent.Article 1 includes general provisions related to the creation and use of a power of attorney.Under Section 104 of the UPOAA, a power of attorney is “ durable unless it expressly provides that it is terminated by the incapacity of the principal.” That means a power of attorney will be effective beyond the principal’s incapacity. One key element of the UPOAA is the default rule regarding durability. “Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity. The term “ durable” is also defined in Section 102(2) of the UPOAA: Section 102 provides useful definitions that help understand the Act. States That Have Enacted UPOAAĪ little more than half of the states (including Washington D.C.) have adopted and enacted the UPOAA. The UPOAA was created by the Uniform Law Commission (ULC) in response to the need for a uniform and standardized set of laws governing the creation and scope of a power of attorney. The Uniform Power of Attorney Act, commonly known as the UPOAA, was enacted in 2006. The power ends when you pass away or revoke or under the circumstances outlined in the document. Most significantly, it remains in effect even if you are incapacitated. With a durable power of attorney, the person granting or giving the power is called the “principal.” The person receiving the power to act is called the “attorney-in-fact” or “agent.”Ī durable power of attorney is adequate when you choose when it’s signed or upon your incapacitation. PDF Word What is a Durable Power of Attorney (DPOA)?Ī durable power of attorney is a document you can create, giving another individual the power to act in your place and manage your financial, business, legal, or medical affairs if you cannot do so.
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