All the following terminate a power of attorney EXCEPT:

• A. the death of the principal for a durable power of attorney.
• B. the loss of competency of the principal for a simple power of attorney.
• C. the action of a competent principal to revoke the power of attorney.
• D. the request of the principal's spouse to terminate the power of attorney after the principal loses competency.

Answer: (D)

The thing being tested is when a power of attorney ends. A power of attorney can terminate in a few standard ways: when the principal dies (even for a durable POA, death ends it), when a non-durable POA encounters the principal’s incapacity, or when the principal who is still competent revokes it. It can also be terminated by a court or guardian if someone is appointed to protect the principal’s interests.

In the scenarios given, death of the principal ends the POA, which applies to a durable POA. If the principal becomes incapacitated and the POA is non-durable, the POA ends due to incapacity. If a competent principal actively revokes it, it ends. However, a spouse’s request to terminate the POA after the principal loses competency does not by itself terminate the arrangement—spousal request doesn’t have the authority to end the POA when the principal is incapacitated. Termination in that situation would require revocation by a competent principal, or an order from a court or guardian. So the exception, the one that does not terminate the power of attorney, is the spouse’s request after incapacity.