What is a durable power of attorney and how is it different from a regular (non-durable) power of attorney?

A power of attorney is a legal document authorizing one person (the agent or attorney-in-fact) to act on behalf of another (the principal). A standard non-durable power of attorney automatically becomes void if the principal loses mental capacity. A durable power of attorney includes specific language stating that it survives incapacity, making it far more useful for estate planning and elder care. Without a durable power of attorney, family members may need to pursue an expensive and time-consuming court guardianship or conservatorship to manage a loved one's affairs. A healthcare power of attorney (or healthcare proxy) is a separate document that specifically grants authority over medical decisions.