I've been POA for my brother. He is now in a home suffering from dementia. His daughter came in home took him to see a lawyer and make her POA. She led him to believe he was just adding her and we were working together. Not true. I'm now revoked and her attorney wants my POA papers and a list of what I've done since being POA. He has progressive vascular dimentia. I've been POA long before he was sick. I'm told this is illegal and she was just removed from my brothers home where she was living for being abusive to her sister. She should not be POA. Do I have any options? Can this be reversed once her Atty is told he was incompetent ? Thanks for any help

This question has been closed for answers. Ask a New Question.
grotta, I am really surprised that the Attorney even allowed your brother to sign a new Power of Attorney.

Where I live, if an Attorney believes the client doesn't understand the legal papers they are signing, then the Attorney will stop the process. Thus, the prior Power of Attorney is still in force.

Curious why your brother's daughter wants to be her Dad's Power of Attorney. Does she plan to sell the house?
Helpful Answer (0)

This is what I found regarding disputed POA. It looks as if you're best option is to get a letter from your brother's doctor stating he was not mentally competent to sign.

Creation and Revocation

A challenger can focus on the document’s creation or claim the document was revoked. In some cases, a person challenging the validity of the power of attorney can argue both. The burden in either scenario is on the person challenging the document. Perhaps the most straightforward claim is the document was not executed properly. If, for example, the law requires witnesses to watch the signing, and the required number of witnesses did not watch the signing, the document is probably void. Proving a lack of capacity, the existence of fraud or undue influence, or the document was revoked is more challenging. Witnesses who can testify as to the creator’s mental condition, or to the circumstances surrounding the document’s creation or revocation, can be invaluable, as can a letter from a physician stating the creator lacked the capacity to sign the document.
Helpful Answer (1)

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter