When must a durable power of attorney be executed?

A durable power of attorney must be executed while the individual is legally competent to ensure that the appointed agent can act on the individual's behalf during periods of incapacity. This document allows an individual to designate someone they trust to manage their financial, legal, or health-related decisions when they are unable to do so themselves due to incapacitation.

If a person is not legally competent at the time of execution, the document may not be considered valid, and the appointed agent would lack the authority to act. This is crucial because the intent of the durable power of attorney is to provide a seamless transition of decision-making authority when the principal cannot make those decisions themselves. Therefore, this timing aspect is a critical legal requirement that underpins the functionality and enforceability of the durable power of attorney.