Exists when a person executes a POA which will become or remain effective in the event the principle later becomes disabled; includes conservator powers and authority to make medical decisions when a Living Will or Advanced Directive is included.
Legal instrument that appoints an individual to make decisions in the event of another person's incapacitation.
A document that authorizes someone to act as the agent or ''attorney in fact" for another person (called the ''principal'') even if the principal becomes incapacitated or incompetent. Ordinarily, a power of attorney loses its validity when the principal becomes incompetent. A durable power must specifically state that it will remain valid in spite of the principal's incapacity or incompetence.