Does a principal's incapacitation render a durable power of attorney void or unenforceable?

A durable power of attorney is designed to remain effective even when the principal becomes incapacitated. This means that if the principal is unable to make decisions for themselves due to reasons such as illness or mental incapacity, the durable power of attorney continues to be valid, allowing the agent to act on behalf of the principal.

The key distinction here is in the term "durable." Unlike a standard power of attorney, which may become void upon the principal's incapacity, a durable power of attorney is specifically structured to endure such situations. This ensures that the agent can manage the principal's affairs even in times of physical or mental limitations, as long as the document was executed properly and within the legal framework required.

The option indicating that a principal's incapacitation renders a durable power of attorney void or unenforceable is incorrect because it fundamentally misunderstands the intended purpose of a durable power of attorney. Thus, the correct understanding is that a durable power of attorney remains valid even in the face of the principal's incapacity.