Crossing State Lines with Durable Powers
Probate and Property, September/October 2003, Volume 17, Number 5
By Linda S. Whitton
Linda S. Whitton is a Professor of Law at Valparaiso University School of Law, the reporter for the Drafting Committee to Revise the Uniform Durable Power of Attorney Act, and the supervisory council member for the Probate Division E Group Committees—Elder Law and Disability Planning. This article was produced with grant support from the Erwin A. Jones Faculty Development Endowment.
The durable powers journey began some forty years ago when the National Conference of Commissioners on Uniform State Laws (NCCUSL) proposed the Model Special Power of Attorney for Small Property Interests Act in 1964. Designed to be an inexpensive alternative to guardianship for persons with relatively small estates, this special power of attorney permitted qualified individuals to delegate authority for the care of person and property in advance of incapacity, but it required judicial approval.