Incapacitated principal
The person who signed a power of attorney, after they have lost capacity — and the statutes are explicit that no court has to have said so.
What it means
A principal is whoever signed the power of attorney. An incapacitated principal is that person once they are an incapacitated person, and the provisions using the phrase say plainly that an adjudication of incapacity before death is not necessary. Nobody has to have been to court for the term to apply.
That is the whole point of a DURABLE power of attorney: an ordinary one ends when the person loses capacity, and a durable one is written to survive it. The phrase names the state of affairs the document was made for.
The provisions built on it also tend to protect the agent. Acts within the authority of a durable power of attorney are presumed to be for the incapacitated principal, which puts the burden on whoever says otherwise.
Why it matters
Families delay because they think a capacity determination has to happen first. For the power of attorney itself, in the states using this language, it does not.
It is also the dividing line between what a document can still do and what now needs a court. Once capacity is gone, no new authority can be granted, and the only remaining route is guardianship or conservatorship.
When you are likely to meet it
- In a state's power of attorney provisions, where the phrase carries the presumption in the agent's favor.
- When an institution asks whether your parent has been declared incapacitated.
- When deciding whether a court appointment is needed at all.
How this varies by state
Not every state uses the phrase, and the presumption attached to it, the definition of an incapacitated person, and whether an adjudication is required at all are state choices.