What type of power of attorney remains effective when the principal becomes incapacitated?

A durable power of attorney is specifically designed to remain effective even when the principal becomes incapacitated. This characteristic makes it distinct from other types of powers of attorney, which terminate upon the principal's incapacity.

In practical terms, a durable power of attorney allows an appointed agent to continue making decisions on behalf of the principal regarding various matters, such as financial and healthcare decisions, ensuring that the principal’s needs are managed appropriately even when they can no longer communicate or make decisions for themselves. This is particularly important in situations where a person may experience a serious illness or accident that renders them unable to handle their affairs.

The other types of powers of attorney—such as special, limited, and revocable—do not carry the same enduring authority during times of incapacity. A special power of attorney grants specific powers for certain tasks but does not address incapacity, while limited powers of attorney restrict the agent's authority to particular actions or timeframes, and revocable powers allow principals to cancel the authority at any time, including before incapacity strikes.