Statute – Uniform Durable Power of Attorney Act ( § 34-6-101 – § 34-6-112)

Definition – “A durable power of attorney is a power of attorney by which a principal designates another as the principal’s attorney in fact in writing and the writing contains the words “This power of attorney shall not be affected by subsequent disability or incapacity of the principal,” or “This power of attorney shall become effective upon the disability or incapacity of the principal,” or similar words showing the intent of the principal that the authority conferred shall be exercisable, notwithstanding the principal’s subsequent disability or incapacity” (§ 34-6-102).

Signing Requirements – A notary or two (2) verified witnesses must acknowledge the document’s signing to authenticate (§ 34-6-203).