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Dssmiles Asked January 2016

For a Principle to revoke a DPOA, wouldn't they have to get an attorney?

For a Principle to revoke a DPOA, wouldn't they have to get an attorney, and papers be filed through probate judge? Just tearing doesn't make it legally revoked, correct?

Dssmiles Jan 2016
Please forgive typos above.

Dssmiles Jan 2016
Thank you all for your feedback. I was worrying that my Mom might try to tear it up, and another family member said that sge could tear it up, but ygey would have to get it removed from recordx at yhe courthouse for it to legally be taken away. And, for me not to worry about taking some controll of things, as long as it was in my Mom's best interest. And, the staement from the family got me confused.

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Rainmom Jan 2016
The language in my moms DPOA states that the DPOA stands even if she is deemed incompetent. So there you are back to the proff of competence should she want to change it - but that's just my moms - she also has a paragraph dedicated to her cats care and comfort so be sure to carefully read your own.

debdaughter Jan 2016
I think that's what's happened here; possibly her doctor has given that professional opinion, not sure if in writing or not, haven't seen anything, but "loved one" has told her illegal for her to drive, which, technically, not really, until deemed by Department of Public Safety, but understood what saying, that if she cannot be persuaded to quit, which is why her keys were taken and I don't believe have been brought back, even after she's asked for them, think that's what led to her being told that, because don't think anybody wants to go to court, not sure what's going to happen if the other person ever gets their license back, which was supposed to happen last Friday but this "loved one" who was supposed to take them couldn't for whatever reason, then was supposed to have been done today but the money got away this week for some reason, so suppose to get final check Tuesday, then of course Monday's the first, not sure exactly what's been said regarding money

jeannegibbs Jan 2016
debdaughter, I haven't been through the process, but I believe Pam's description is generally the case in all states.

In the US we value independence and personal freedom EXTREMELY highly. (Not that other countries don't, as well. But I think we are obsessive about it.) We do not lightly allow someone's self-responsibility to be taken from then. Only a court can declare someone incompetent, and courts have guidelines to follow, often requiring assessments and statements from at least two doctors. Perhaps the guidelines vary somewhat from state to state; I don't know. But in all states depriving someone of their rights to self-determination is a Huge Big Deal.

A doctor cannot do this legal step. Only a court can.

But a doctor can certainly give a professional opinion. "I'm afraid your mother is no longer able to act on her own behalf. She needs 24 hour supervision. She is a danger to herself." Her loved ones can then act on that professional advice. That may be all that is needed. But if any legal issues arise -- for example, Mother cannot be persuaded to allow 24-hour care -- then the matter must go to a court.

pamstegma Jan 2016
Incompetency in NY has to be determined by a neurologist or psychiatrist with specific testing and put in writing on MD's letterhead. TWICE by two different MD's! This goes to a Judge in surrogates court who renders an official decision.

debdaughter Jan 2016
can just a doctor determine incompetency?

pamstegma Jan 2016
Nope, you just make a new one revoking all previous ones. If someone wants to contest it, they have to prove you are incompetent. Gets pretty dicey.

akdaughter Jan 2016
Jeanne's information is correct. I might also add that you should read the existing POA document to see what it says about successor appointments and replacing the POA. Sometimes there is information in there about the process. For example, my POA for my mom says that it is valid until she signs a new POA and notifies me of the change. There is also the issue of incompetence. If the principle is legally incompetent (determined by doctors and/or a judge), they are not able to sign a new POA, meaning the existing one stands.

jeannegibbs Jan 2016
States have different requirements for DPOA documents. Some require them to be registered, my state does not. I'm not aware that they go through a probate judge, but perhaps they do in some states.

If the principle is appointing a different person as DPOA, they go through the process to do that and state that all previous appointments are now null and void (or whatever the legal terms are.)

DPOAs do not require a lawyer (though that is often a good idea). They do require notarization (at least in this state).

The principle should notify anyone who may be acting under the former DPOA that it has been revoked. For example, a bank or credit card company or other entity that the DPOA has been dealing with on behalf of the principle should be notified that that person no longer represents the principle.

So it is a little more complex than just tearing up the document, but depending on the state it is not necessarily very difficult to do.

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