When does a durable power of attorney take effect?

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A durable power of attorney can either be immediate or springing. An immediate power of attorney, as the name describes takes effect immediately and continues to be effective, even if you become incapacitated. A springing durable power of attorney acts like an insurance policy and only takes effect upon your becoming incapacitated. The standard for determining your incapacity is set out by you in your durable power of attorney. A common standard used is the determination of your primary care physician.