When does a durable power of attorney become effective?

A durable power of attorney becomes effective once the patient becomes incapacitated. The purpose of a durable power of attorney is to allow an individual, often referred to as the agent or attorney-in-fact, to make decisions on behalf of the patient when they are no longer able to do so themselves due to incapacity. Unlike a standard power of attorney, a durable power of attorney remains in effect even if the principal is incapacitated, which is a critical aspect when it comes to healthcare decisions and managing the individual's affairs.

The other conditions surrounding its effectiveness, such as signing or immediate activation, do not apply in the context of durability. It is designed specifically to wait until the patient can no longer manage their own affairs, thereby protecting the individual's rights and ensuring their wishes are followed during vulnerable times.