A durable power of attorney refers to a power of attorney which typically remains in effect until the death of the principal or until the document is revoked. A durable power of attorney, the durability of which must be explicitly stated, remains valid even in the event the principal is unable to make personal decisions due to incapacity. In the alternative, a “non-durable” power of attorney—one without a durability provision—ends in the event of the principal’s incapacitation. Specific power of attorney laws vary by state.
[Last updated in July of 2021 by the Wex Definitions Team]