Durable Power of Attorney

Durable Power of Attorney (Advanced Healthcare Directive)


The specific powers of a DURABLE power of attorney include the ability to authorize admission into a medical facility; enter into agreements for the principal’s care; and to consent, arrange, and authorize medical and surgical procedures including the administration of drugs.

In PA, the POA must be made in writing and be signed by the principal (presumed durable) in the presence of two adult witnesses.

A durable power of attorney is not affected by subsequent disability or incapacity. An agent must have actual notice of revocation for it to be effective. Divorce revokes power of attorney for a spouse.

Return to Estate Law Overview