What type of power of attorney remains in effect even if the person who created it becomes incompetent?

A Durable Power of Attorney is designed specifically to remain effective even if the individual who created it becomes incapacitated or incompetent. This type of power of attorney allows an appointed agent to continue making decisions in the best interest of the individual, managing financial, legal, or health-related affairs when the principal is unable to do so themselves.

In situations where a person might face health challenges or cognitive decline, having a Durable Power of Attorney ensures that there is continuity in decision-making without the need for court intervention, which can be time-consuming and complicated. This durability is a key characteristic that distinguishes it from other types of powers of attorney, which may only be valid when the principal is fully competent.

Limited Power of Attorney typically restricts the agent's authority to specific tasks or time frames, while General Power of Attorney grants broader powers but generally becomes void upon the principal's incompetence. A Springing Power of Attorney activates only upon a specific event, usually the incapacitation of the principal, so it does not provide the same constant oversight and authority as a Durable Power of Attorney once competence is lost.