as well as for general estate planning. As such, a durable power of attorney can (and should) be established well in advance of its necessity. If a durable POA is not established prior to a declaration of incapacity, a guardianship proceeding in court is often required. ...
The principle was first recognised in legislation in England under the (Guardianship of Infants Act 1925) and reflected a change in the conception of children as merely an extension of their parents’ interests (Ibid.). It was, and often remains, the dominant principle in legislative schemes ...