de starea in care se gaseste mandatarul : decedat, incapacitat sau cum o fi el


Under the common law, a power of attorney becomes ineffective if its grantor dies or becomes "incapacitated," meaning unable to grant such a power, because of physical injury or mental illness, for example, unless the grantor (or principal) specifies that the power of attorney will continue to be effective even if the grantor becomes incapacitated (but any such power ends when the grantor dies). This type of power of attorney is called Power of Attorney with Durable Provisions or Enduring Power of Attorney.
http://en.wikipedia.org/wiki/Power_of_attorney


Definition of Durable power of attorney

Durable power of attorney: This is a type of advance medical directive in which legal documents provide the power of attorney to another person in the case of an incapacitating medical condition.

The durable power of attorney allows another person to make bank transactions, sign Social Security checks, apply for disability, or simply write checks to pay the utility bill while an individual is medically incapacitated.

Such documents are recommended for any patient who may be unable to make his or her wishes known during a long medical confinement.
http://www.medterms.com/script/main/art.asp?articlekey=7448

Fiind un termen din "common law" nu cred ca exista vreun echivalent 100% in "regulatory law"