2025 Session
Last amended: 1992 session
§ 523.07 — Durable Power of Attorney
Plain-Language Summary
Defines a durable power of attorney as one that contains language showing the principal's intent for the power to survive the principal's incapacity or to become effective upon incapacity.
523.07 DURABLE POWER OF ATTORNEY.
A power of attorney is durable if it contains language such as “This power of attorney shall not be affected by incapacity or incompetence of the principal” or “This power of attorney shall become effective upon the incapacity or incompetence of the principal,” or similar words showing the intent of the principal that the authority conferred is exercisable notwithstanding the principal’s later incapacity or incompetence.
History:
1984 c 603 s 9; 1986 c 444; 1992 c 548 s 9
History: History: 1984 c 603 s 9; 1986 c 444; 1992 c 548 s 9
Practical Notes
To make a power of attorney durable (surviving incapacity), include specific language such as ’this power of attorney shall not be affected by incapacity of the principal.’ Without such language, the power terminates upon incapacity.