The durable power of attorney is a document that provides that the powers granted pursuant to the power of attorney survive the incapacitation of the principal. A durable power of attorney must possess a specific and clear provision that the power of attorney remains effective after the incapacitation of the principal. Furthermore, the principal must be competent at the time of the document’s signing.
The agent may decline service pursuant to the power of attorney but if he or she does accept such an agency, the agent must act prudently on behalf of the principal. An agent may not create, revoke or modify a will or codicil, vote in a public election on behalf of the principal, or perform personal services contracted by the principal, among other prohibitions.