What does a nonspringing durable power of attorney do once the principal becomes incapacitated?

A nonspringing durable power of attorney remains effective once the principal becomes incapacitated, which is its defining characteristic. Unlike a springing durable power of attorney, which only becomes active under specific conditions such as the incapacitation of the principal, a nonspringing durable power of attorney is effective immediately upon execution. This means that the designated agent can begin making decisions on behalf of the principal without any delay or additional requirements once the principal is no longer able to make decisions themselves.

This arrangement provides a seamless transition in the management of the principal's affairs, ensuring that their interests are protected during periods of incapacity. It also allows the agent to act decisively in urgent situations where immediate action may be necessary.

While there may be other considerations regarding the validity and operation of powers of attorney in certain contexts, the strength of a nonspringing durable power of attorney lies in its clarity and immediate effectiveness when the principal's ability to act is compromised.