Can An Incapacitated Person Revoke a
Durable Power of Attorney?

by Rania Combs on November 7, 2012

A durable power of attorney is an important document. It authorizes another person to handle financial affairs on your behalf.

If you don’t have a durable power of attorney and become incapacitated, a guardianship may be necessary. Guardianships are expensive and cumbersome and can be avoided with a durable power of attorney.

Generally, you can amend your durable power of attorney by signing a new durable power of attorney or by signing an amendment. You also have the right to revoke or terminate the durable power of attorney at any time as long as you are competent.

If you become incapacitated, your durable power of attorney will endure until your incapacity is lifted. It will not be possible for you to amend or revoke your power of attorney during your incapacity.

Return to Texas Wills and Trust Online home page →

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