§ 49A-104. Power of attorney is durable.
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/de/title-12/subchapter-i-general-provisions/49a-104·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A power of attorney is durable if it contains the words: “This power of attorney shall not be affected by the subsequent incapacity of the principal,” or “This power of attorney shall become effective upon the incapacity of the principal,” or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent incapacity.