What is a durable power of attorney?
A durable power of attorney allows the power of attorney to survive even if the principal becomes incapacitated. That means that even if the principal becomes unconscious, surfers from mental illness or injury, the agent or attorney-in-fact still maintains the ability to make financial or healthcare decisions on behalf of the principal.
The principal has the power to revoke the power of attorney at any time and for any reason. However, in order to revoke the durable power of attorney, the principal must have the necessary competence to do so. That means, a court can invalidate the document if it determines that the principal was not of sound mind. In order to effectively carry out the revocation, the principal will have to draft an official statement of revocation. That revocation should be distributed to the agent and anyone who they may have communicated with.