A durable power of attorney is legally binding after the principal becomes incapacitated.

Name: A durable power of attorney is legally binding after the principal becomes incapacitated.
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A principal may preemptively enact a durable power of attorney, a written document expressing his or her wishes for an agent's authority not to be affected by the principal's subsequent incapacity. Alternatively, a durable power of attorney might become active only after a principal becomes incapacitated in any matter.

A Durable Power of Attorney Is Legally Binding After the Principal