The concept of a durable Power of Attorney evolved because of a need to address a perplexing problem found in a traditional POA. The problem stemmed from the fact that the authority granted to an Agent in any POA automatically terminated upon the death or incapacity of the Principal. The problem with that was that the possibility of becoming incapacitated was often the primary motivation for executing a POA in the first place. If your goal in creating the Power of Attorney is to ensure that the person you name as your Agent has the authority to act on your behalf if you suffer a period of incapacity, but that authority automatically terminates when you become incapacitated, the POA is effectively worthless. From this conundrum sprang the “durable” POA. Making a POA durable allows an Agent’s authority to survive a Principal’s incapacity.