A durable power of attorney is much like a normal Power of Attorney except that it continues to remain in effect even when the principal loses his or her mental faculties and thus becomes incapable of sound reasoning. Unless, and until, the power of attorney has been made durable, it will become ineffective in the event of the principal becoming incompetent.
Thus, it follows that if the power of attorney is not durable, it would result in the family of the principal having to approach the courts to appoint a guardian or conservator over the assets of the principal.
What differentiates a normal power of attorney from a durable power of attorney is the presence of a phrase such as