Uniform Durable Power Of Attorney Act Law and Legal Definition

The concept of the durable power of attorney was created by the National Conference of Commissioners on Uniform State Laws in 1969 when they promulgated the Uniform Probate Code (U.P.C. � 5?501). Ten years later, the provisions of the code dealing with the durable power of attorney were modified and published as the Uniform Durable Power of Attorney Act (UDPA). Most states recognize some version of the durable power of attorney, having adopted either the UDPA or the Uniform Probate Code, or some variation of them. Versions of the durable power of attorney vary from state to state. However, certain powers cannot be delegated, including the powers to make, amend, or revoke a will, change insurance beneficiaries, contract a marriage, and vote.

At present, the Uniform Durable Power of Attorney Act has been adopted by 48 states and, provides, the following definition in Section 2 thereof:

A durable power of attorney is a power of attorney by which a principal, in writing, designates another as his attorney in fact and the writing contains the words, ""This power of attorney shall not be affected by subsequent disability or incapacity of the principal'', or ""This power of attorney shall become effective upon the disability or incapacity of the principal'', or similar words showing the intent of the principal that the authority conferred shall continue notwithstanding the subsequent disability or incapacity of the principal.

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