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What is a durable power of attorney?

A durable power of attorney is an instrument that can be prepared for a person, who is living, and who will possibly need a power of attorney, which is an instrument that allows one person to control the property of another when that person is no longer able to control his or her property. The durable part of power of attorney means that if there is incapacity of that individual, even mental incapacity, that power of attorney may still be used to care for that person who has signed, had notarized, and witnessed that power of attorney.

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