New York Law (NYLE) Practice Exam 2025 - Free NYLE Practice Questions and Study Guide

A durable power of attorney is a legal document that allows one person (the principal) to grant another person (the agent) the authority to act on their behalf in financial or legal matters. One notable feature of a durable power of attorney is its ability to remain effective even if the principal becomes incapacitated, which distinguishes it from other types of powers of attorney that may not have the same durability.

The correct understanding of the termination of a durable power of attorney aligns primarily with the functions and circumstances that can affect its validity. The termination can occur in various ways, such as upon the death of the principal, revocation by the principal (as long as they are competent), or certain events related to the agent, but not necessarily tied to the agent's marital status unless specified in the document itself.

The termination linked to the agent’s marriage to the principal can create confusion, as generally, durable powers of attorney do not automatically terminate upon divorce. However, this can be context-dependent based on the structure of the document or the specific powers granted.

In contrast, a durable power of attorney generally continues to be effective during the principal's incapacity, making it crucial to understand that options related to incapacitation or violations of instructions do not lead to automatic termination