Chartered Retirement Planning Counselor (CRPC) Practice Exam 2025 - Free CRPC Practice Questions and Study Guide

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What type of power of attorney remains effective after the principal becomes incapacitated?

Springing durable power of attorney

Non-durable power of attorney

Durable power of attorney

A durable power of attorney is specifically designed to remain in effect even after the principal becomes incapacitated. This type of power of attorney allows the designated agent or attorney-in-fact to make decisions on behalf of the principal regarding financial, medical, and legal matters when the principal is unable to do so themselves. The key feature of a durable power of attorney is that it endures beyond the principal's incapacitation, providing continuous authority to the agent during times when the principal may not be able to communicate their wishes.

In contrast, a non-durable power of attorney typically becomes invalid if the principal loses mental capacity or becomes incapacitated. Springing durable power of attorney is contingent upon an event, such as the principal's incapacitation, at which point it would take effect, but it doesn't remain in effect prior to that event. The term "variable power of attorney" is not commonly recognized in legal terminology the same way the other types are, making it an unusual choice.

Thus, the distinction of durable power of attorney lies in its ongoing validity and effectiveness, even under circumstances where the principal is no longer able to manage their own affairs.

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Variable power of attorney

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