ABA Family Legal Guide

The Rights of Older Americans

A Right to Control Your Own Affairs

Durable Power of Attorney

Will a power of attorney be valid if I become mentally incapacitated or incompetent?

In most states, a power of attorney is not valid if you become incapacitated, unless you use a durable power of attorney. A durable power of attorney clearly states that you intend the power to continue if you become disabled or incapacitated. It generally remains in effect until you deliberately revoke it or until you die. However, in some states, your durable power of attorney is terminated if a guardian is appointed for you (although appointment of a guardian is usually unnecessary because the durable power of attorney takes care of the management of your affairs).