Definition.
A durable power of attorney is a power of attorney by which a principal designates, in writing, another as his or her attorney in fact and the writing contains the words “This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time”, or “This power of attorney shall become effective upon the disability or incapacity of the principal”, or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent disability or incapacity and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.
Annotations
Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632 Uniform Law: This section is based upon § 1 of the Uniform Durable Power of Attorney Act. 1981 Ed., § 21-2081. This section is referenced in § 21-2102. Durable power of attorney, sufficiency under uniform general power of attorney provisions, see § 21-2102.
Sourced from the DC Council Open Law Library (public domain).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.