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Power of Attorney & Incapacity

Up until October 1, you could give someone a Power of Attorney to manage your affairs on the condition that they could not use it unless you lost capacity. Under the new law, such a condition renders the entire document invalid. This condition was so popular that many templates included it by default. Just another trap for the “do it yourselfers” who get legal forms from the internet or other non-attorneys only to find out later that they are useless when needed.