What distinguishes a Durable Power of Attorney from a regular Power of Attorney?

A Durable Power of Attorney is specifically designed to remain effective even if the principal becomes incapacitated. This is a key feature that distinguishes it from a regular Power of Attorney, which typically becomes void if the principal is unable to make decisions for themselves due to incapacity. The durability aspect ensures that the appointed agent can continue to manage the principal's affairs and make decisions on their behalf even during times of diminished capacity, thus providing an essential safeguard in situations where the principal is unable to communicate their wishes.

In addition, while a regular Power of Attorney may be effective immediately upon signing, or may have conditions based on the principal's capacity, the durable version's primary purpose is its resilience in the face of the principal's potential incapacity. Therefore, the ability of the Durable Power of Attorney to remain in force under these circumstances supports better planning and ensures that an individual's wishes can still be honored.