What is the primary characteristic of a durable power of attorney?

A durable power of attorney is primarily characterized by its ability to remain valid even in the event that the principal becomes incapacitated. This means that the individual who you designate as your "attorney in fact" can continue to make decisions on your behalf regarding financial, legal, and other matters, even if you are unable to do so due to health issues or cognitive decline.

This characteristic is crucial for ensuring that there is a trusted individual who can manage affairs uninterrupted during times when the principal may not be able to handle these important decisions themselves. Other aspects, such as specifying medical treatment preferences or the involvement of an attorney in fact, while relevant to the function of a power of attorney, do not capture the defining nature of a durable power of attorney in contrast to other forms, such as a springing power of attorney which only becomes effective upon incapacity. Additionally, while a durable power of attorney must comply with state laws, the fact that it is state-specific does not define its primary characteristic. The enduring nature of the document in the face of the principal's incapacity is what fundamentally distinguishes it.