1. A power of attorney is exercisable when executed. Except as provided in #2 below and in Military powers of attorney, a power of attorney is ineffective if the power of attorney provides that it is to become effective at a future date or upon the occurrence of a future event or contingency.
2. If a power of attorney executed BEFORE October 1, 2011, is conditioned on the principal’s lack of capacity and the power of attorney has not become exercisable before that date, the power of attorney is exercisable upon the delivery of the affidavit of a physician who has primary responsibility for the treatment and care of the principal and who is licensed to practice medicine or osteopathic medicine as of the date of the affidavit.
The affidavit executed by the physician MUST state that the physician is licensed to practice medicine or osteopathic medicine, that the physician is the primary physician who has responsibility for the treatment and care of the principal, and that the physician believes that the principal lacks the capacity to manage his/her property.