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If I choose a durable power of attorney, how would my incapacity be determined?

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If I choose a durable power of attorney, how would my incapacity be determined?

Question: If I choose a durable power of attorney, how would my incapacity be determined?

Answer: If you choose a durable power of attorney you must have legal capacity in order to be able to have a valid power of attorney. If someone would challenge your capacity then the courts would use the same standards that would be used to determine whether you have the ability to enter to a will. Those standards typically require that you be of sound mind and body, not of undue influence, and that you are aware of the affairs, the financial matters that you have and the financial affairs that are within your estate so that you know basically what you have and what you’re granting to the person that has the power of attorney.


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