What makes a power of attorney durable?

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Traditionally a power of attorney was automatically revoked and invalid once the principal became incapacitated. This in effect meant that as soon as the principal needed the agent to act on his or her behalf the most, the power of attorney was ineffective. By 1999 twenty-eight states and the District of Columbia had adopted the Uniform Durable Power of Attorney Act creating powers of attorney that would continue to be effective even if the principal was incapacitated.

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