The current laws regarding power of attorney were established in 2006 when the Uniform Power of Attorney Act was implemented. This basically ensured that there would be a uniform standard for power of attorney law in every state, and that there would be basic legal elements that had to be adhered to when implementing a power of attorney, regardless of what state you live in.
The main differences between a durable and non-durable power of attorney is that a durable power of attorney continues to be effective upon the incapacitation of the principal while the non-durable power of attorney does not.
A power of attorney template or POA form can be used to nominate a power of attorney to represent an individual and their affairs in several different areas should they become incapacitated.
The specific wording should be used depending on the specific situation of the principal and what type of durable power of attorney is required. A power of attorney that is needed to be effective immediately upon signing should use the wording from the first statement above. If the power of attorney is to spring on the event of the principal’s incapacitation then the wording from the second statement should be used.
The Power of Attorney Law provides that any "natural person having the capacity to contract may execute a power of attorney."
If the durable power of attorney is signed by two witnesses rather than a notary public, the witnesses must be adults and cannot include the attorney-in-fact representing the principal.
A power of attorney form can incorporate any type of transaction that the principal wishes to have administered by the attorney-in-fact. These can include: