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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.
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.
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 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.
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.