A Power of Attorney is “Durable” if it is still effective when the person who signed it is disabled. This person can be referred to by several terms, but we will call that Person the “Principal”. Before the enactment of Durable Power of Attorney statutes, Powers of Attorney generally only carried the authority that the Principal had when it was to be used. So, if the Principal was in a coma or has dementia, then the document was useless. This is normally not what was intended
In Missouri a Power of Attorney is Durable if it contains “magic” language required by Missouri statutory law, or something reasonably close. The statement must be prominent, and normally this is done by making it larger or using a bold print.
There is rarely any reason that any sort of Power of Attorney should not be made durable. Unfortunately we sometimes see do-it-yourself documents purchased online, or at an office supply store that do not meet these requirements, or that claim to be good in all states. Many times they are simply ineffective.
Contact us if you have questions or need more information.