Even then, such action may not meet with success because of the strict adherence to the language of the document. However, since it is so easily revoked a problem arises in which the person relying on the DPOA may reject it due to how old it is or some other reason which they may think likely to have caused the DPOA to be revoked. Careful drafting of the document can alleviate this problem to a great extent, including limiting the time that a DPOA is effective or providing for a detailed mechanism for revocation of the power. When choosing the person who is going to hold the power granted in a DPOA the first criteria is who do you trust. A close family member is usually the first choice.
Second criteria is geographic location.
Close proximity to the grantor is an important consideration. The ability to determine first hand the client's wishes and access to documents and institutions makes for a more effective, practical, utilization of the grant of authority. A power of attorney to be effective in planning for incapacity must have language which creates a durable power of attorney. Not all powers of attorney are durable. The specific language required must say that the grant of authority shall survive the subsequent incapacity of the principal.