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#1609400 - 09/27/11 05:21 PM POA-definition of incapacitated
Anonymous
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If one presents a general POA that ceases upon incapacity of the principal, what do we mean by incapacity? Does the definition include mental or physical or both? i.e. laid up in a hospital bed for 4 months. I realize that even a durable POA usually ceases when the principal is adjudicated incompetent by a court of law unless the POA gives power to the agent to act.

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#1609408 - 09/27/11 05:31 PM Re: POA-definition of incapacitated Anonymous
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Joined: Mar 2011
Posts: 185
Wisconsin
Incapacitation can be found by a court and/or certified by a physician (or two). Sometimes the POA itself will outline what would constitute incapacitation. If not, look at your state law on POAs.
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