Since the capacity to be a principal depends upon the capacity of the principal to do the act himself,a person cannot appoint an agent to act for him in the case that he subsequently loses mental capacity.

Question

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A person can appoint an agent through a durable power of attorney, which remains effective or can become effective if the principal loses mental capacity, allowing the agent to act on their behalf even after such an event.

Since the Capacity to Be a Principal Depends Upon the Capacity