WHAT IS A DURABLE POWER OF ATTORNEY?

It is very important to say if a Power of Attorney is “durable.”  A Durable Power of Attorney retains is authority if the principal becomes incapacitated.  The principal is the person granting the power.  So if your intention is for your “attorney-in-fact” to be able to transact business for you even if you become incapacitated, it is very important that your Power of Attorney says that it is durable. Some states have laws that say a Power of Attorney is presumed to be durable even it doesn’t say so, but I would not rely on that.  Be sure yours says it is durable if you want to be certain.