Durable power of attorney: which statement is true?

• A. It terminates when the principal becomes incapacitated
• B. It requires court approval to survive incapacity
• C. It survives the principal's incapacity unless otherwise provided
• D. It cannot be revoked

Answer: (C)

Durable power of attorney is designed to continue acting even if the principal becomes incapacitated. The key idea is that the authority granted to the agent persists despite incapacity, unless the instrument says otherwise or the principal revokes it. That’s why the statement that it survives the principal’s incapacity unless otherwise provided is the best fit: durability means continuity, with termination only by revocation, death, or a provision in the document to end it under certain conditions. It does not require court approval to continue during incapacity, and it can be revoked by the principal while they still have capacity (and typically ends at the principal’s death).