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Durable Power of Attorney

Financial Matters  

How Durable
Is a Durable Power of Attorney?

A durable power of attorney generally ends upon your death. That means the designated agent will not be allowed to wrap up your affairs after death unless you appoint him or her to be the executor in your will. 

A durable power of attorney also ends if:

  • While you are mentally competent, you choose to revoke the delegation of power. 
  • It is determined in a court of law that you signed the authorization while you were incompetent, subject to undue influence, or a victim of fraud. These conditions generally render the power of attorney invalid.
  • Your designated agent is unavailable, and you have not named an alternate. 
  • You name your spouse as your agent and subsequently get divorced, assuming you live in a state where divorce automatically terminates a power of attorney.