A person who died.
As used in elder law, and guardianships more particularly, refers the condition of a person who is unable by reason of any physical, mental, or cognitive condition to receive and evaluate information or to communicate decisions, so much so, that a judge believes that person lacks the ability to manage their financial resources.
A written document given by one person to another authorizing that person nominated to act on behalf of the first person. The person nominated may be referred to as the agent or attorney-in-fact and acts as a substitute decision maker for the purposes listed by law or in the Durable Power of Attorney itself. These matters may include financial and property decisions or health care decision. If the document is “durable,” as defined by law, the authority granted continues even though the person signing it later becomes incapacitated. Authority granted in all powers of attorney terminates upon the death of the principal, i.e. the one signing the durable power of attorney.