What is a “durable” power of attorney?

Prepare for the Arizona Fiduciary License Test with flashcards and multiple choice questions, each featuring hints and explanations. Ace your exam!

A "durable" power of attorney is one that remains effective even if the principal (the person who grants the power) becomes incapacitated. This means that the appointed agent can continue to act on behalf of the principal, making financial or legal decisions as specified in the document. This characteristic is crucial because it provides a safeguard and ensures that the principal’s affairs can still be managed during periods of incapacity, where they may not be able to make decisions for themselves.

In contrast, a traditional power of attorney typically becomes ineffective if the principal is incapacitated. The durable designation addresses this limitation, making it a vital tool in estate planning and management of affairs.

The other options highlight different aspects of power of attorney arrangements but do not accurately define what makes a power of attorney "durable." For instance, the notion that it ends at death lacks the specific focus on incapacity, which is the core feature of a durable power of attorney. Similarly, being limited to specific tasks or being temporary does not capture the essential characteristic of durability in terms of the principal's incapacitated status.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy