True or False: A durable power of attorney terminates the qualification of a permanent guardian.

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A durable power of attorney does not automatically terminate the qualification of a permanent guardian. The two concepts operate independently, where a durable power of attorney is designed to allow an individual to delegate decision-making authority to another individual, typically in regard to financial or healthcare matters, even if the principal becomes incapacitated.

On the other hand, a permanent guardian is appointed by a court to make decisions for someone who is unable to do so due to incapacity, and this appointment typically reflects a legal determination of the individual's needs and capabilities. Therefore, having a durable power of attorney in place does not invalidate the need for a guardian, as the court may find that the person still requires a guardian’s oversight and decision-making in certain areas, especially when the matters extend beyond what a power of attorney might cover.

The other choices suggest scenarios where the relationship between a durable power of attorney and a permanent guardian might vary, but the standard legal understanding is that they can coexist without one negating the other.

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