"Durable power of attorney" means a power of attorney that:

1. (1) is executed by an incapacitated person before that person became an incapacitated person;
2. (2) provides that the power survives the person's incompetence; and
3. (3) is executed in accordance with the law in effect in the jurisdiction in which it was executed on the date it was executed.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.57.