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A ?durable? POA is simply a power of attorney that survives the incapacity of the Principal. While a Durable General Power of Attorney grants your Agent a considerable amount of legal authority to act on your behalf, it does not grant your Agent the authority to make medical or health care decisions on your behalf.
In 2004 the Legislature, acting on such Congressional authority, established the Supreme Court of the Virgin Islands as the highest court of the Virgin Islands. The Court assumed its appellate jurisdiction on January 29, 2007. The court presently consists of a chief justice and two associate justices.
A durable power of attorney contains a ?durability clause,? which is a provision permitting your designated attorney-in-fact to act on your behalf in the event you are unable to handle your affairs. A general power of attorney permits your attorney-in-fact to act on your behalf in all of your personal affairs.
The Durable Power of Attorney In other words, you'd use a durable POA if you wanted to give your agent authority once you're unable to act for yourself. Because of this, many consider a durable POA to be the most powerful type of power of attorney.
Unlike a basic power of attorney, which is not effective if you are incapacitated, a durable power of attorney contains special language making it effective even if you become incapacitated. It also continues operating if you later regain your capacity.
The U.S. Virgin Islands do not have their own constitution. The main governing document of the U.S. Virgin Islands is the Revised Organic Act of the Virgin Islands, which was passed by the U.S. Congress in 1954.
Generally, in a durable power of attorney, the authority of the agent to act on behalf of the principal survives the disability of the principal. Under the laws of Virgin Islands also, disability or incapacity of principal has the same effect as if the principal were competent and not disabled.
The United States Constitution, including the protections in the Bill of Rights, do not apply directly to the U.S. Virgin Islands. Rather, some?but not all?provisions apply indirectly through the Revised Organic Act of 1954, codified at 48 U.S.C.