What type of power of attorney remains valid despite the principal's incapacitation?

A durable power of attorney is specifically designed to remain valid even when the principal becomes incapacitated. This characteristic is crucial because it allows the designated agent to act on behalf of the principal in financial or medical matters when the principal is unable to make decisions for themselves.

The term "durable" indicates that the power of attorney continues in effect despite any mental or physical limitations that may render the principal unable to communicate or make decisions. This contrasts with other types of power of attorney, which may become invalid upon the principal's incapacitation. For individuals who wish to ensure their affairs are managed in such situations, a durable power of attorney provides essential continuity and support.

Understanding this distinction is vital for anyone involved in estate planning or handling someone’s financial affairs, as it assures that necessary actions can be taken even if the principal faces incapacitation.