A durable power of attorney differs from a power of attorney in that the durable power of attorney:
A) is a formal written instrument, whereas the power of attorney may be informal and oral.
B) becomes effective upon the principal's subsequent incapacity or the agent's authority is not affected by the principal's subsequent incapacity.
C) is governed by Article 3 of the UCC.
D) must follow a standardized form set forth in the federal Uniform Durable Power of Attorney Act.

Question

Quizplus · Accepted Answer

A durable power of attorney remains effective or becomes effective upon the principal's incapacity, unlike a standard power of attorney which typically ceases to be effective if the principal becomes incapacitated. Choices A, C, and D do not accurately describe the differences between a durable power of attorney and a standard power of attorney.

A Durable Power of Attorney Differs from a Power of Attorney