Can An Incapacitated Person Revoke a
Durable Power of Attorney?

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.


  1. […] Can An Incapacitated Person Revoke a Durable Power of Attorney? […]

Leave a Comment

If you would like to add your perspective to this post or have a general question, please leave a comment. However, if you have a fact-specific legal question, please email me, or communicate with me through my secure client area. To do so, simply login if you are an existing client, or request an introductory conference if you are interested in becoming a new client.