Can a dementia patient revoke a POA without a valid reason that can be proven?

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I recently saw a comment that said "he could revoke POA in a snit of anger." If a dementia patient cannot assign POA after a certain point in their disease, it makes sense to me that they cannot revoke a POA after a certain point in their disease.

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DoeEyes, this may sound like a naive question, but have you tried having a conversation with the quasi-stepson about arrangements for your father? Is he a person you can talk to?

The thing is, what he and his mother have done seems at first sight a perfectly practical way of helping your father. You're - to me - an unimaginable distance away from your father, the son is right there, it's much easier and quicker for him to handle the day-to-day stuff; he's actually doing your family a favour.

Where it seems to have gone wrong is at the KY attorney's office, where quite possibly it was the attorney who recommended an unnecessary belt-and-braces approach to getting things formalised, which has had the effect of creating a legal puzzle that should contribute nicely to both attorneys' golf club subscriptions. Does this blanket "all previous POA blah blah" pro forma also revoke healthcare proxy appointments and directives? Good question. Should take up hours of chargeable time, heh-heh-heh...

More seriously, the attorney doesn't have to have been behaving in this self-interested way: it's equally possible that they just have a standard format for changing POAs and he went merrily ahead with it, assuming you were out of the picture.

It's a shame nobody thought to pick up the phone and discuss this with you. Still.

So if you can clarify with the "stepson" and with your father what the situation is, and agree what your father would like it to be AND what you are satisfied with, you could save everyone a lot of money and trouble. Any chance of doing that?
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I don't have the legal knowledge to confirm or deny, but I do know that "moderately impaired" is not the same as "incompetent."
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Q: My father was sent to live permanently, in a V.A. nursing home in KY because he had become legally blind and was exhibiting violent and delusional signs of suspected dementia/alzheimers.

Upon arrival he was tested and was classified as moderately mentally impaired.

30 days after my 86 y.o. dad was admitted, my dad's 84 y.o. "girlfriends" son took my dad to an attorney so my dad could designate him poa to pay his household bills only.
The attorneys office had him sign a paper that stated any and all previous poa's that were in effect prior to that date were now void.

My father had a will, general poa, durable POA for Healthcare and an end of life declaration stating his wishes for/against life support if ever needed and designated me to execute those decisions if he can no longer do it himself. ( The girlfriends son lives an hour away from my dad in KY, where I live in Texas, so it makes getting daddy's bills paid in a more timely manner so they are always paid on time for the "son" to do this).
My Q: is...#1) having  already being deemed moderately impaired from the dementia, does anyone stand a chance on taking the legality of this document to court to get it ( the sons poa) overturned???

Q: #2)  I believe that the durable Healthcare and his end of life declaration that he had drawn up designating me as his POA in those matters should still be in effect....right??

I spoke to the attorney who prepared daddy's original documents and said he found it hard to believe that any state would have such a non specific poa nullification document and since that paper was being signed came about only because he was changing his POA for paying his household bills only...and had nothing to do with his health care poa or the durable Healthcare poa, the original document ( from '91), that I am still my Daddys legal poa for his Healthcare if/when he needs me to fill that roll.....Q: #3)  Is this true???

Is there someone else with a legal background that can confirm or deny what the original attorney told me this evening???

Thank you ever so much!!!

DoeEyes
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A belated thank you to all who responded. Joanne's answer addressed the issue about which I was concerned. I have and have had Durable POA (financial and medical rolled into one) for some time but was concerned that a dementia patient could revoke such power in an angry moment since as we all know, with some type of dementia, those angry moments can be frequent and are usually directed at the primary caregiver. I think the lawyer's advice is on point - just wait and they will forget or else an attorney would find them incompetent to make such a decision, which was my point. If they cannot assign a POA with dementia, how can they revoke a POA with dementia? Thank you all.
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Rainmom....Durable POA simply means the person who has the POA has the authority to handle all the durable assets...as in money, house, car, furniture....all assets that are owned by the person you have the POA for. The other one is a Medical POA and that is for making medical decisions if they cannot. Other types of POA are as GardenArtist mentions....just very specific to a certain situation or activity or temporary period of time...like while someone is recuperating from an accident, or unconscious after surgery, or otherwise unable to take care of their affairs.... A Durable one is considered long term....and covers more or less the rest of the person's life, depending on their health issues or age etc. This is my understanding from the questions I asked my parents' attorney at the time I signed to accept being a POA for them.
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Rain, the only time I've used my authority was when my father was going to be intubated and wouldn't be able to communicate. He clearly lacked any elements of dementia, but wouldn't be able to make decisions for himself, medical or otherwise.

The hospital asked for whatever authority I had to act, I provided copies of both the Living Will and the DPOA. At the time, there was such a higher level of anxiety on the medical issues that I don't even recall asking them which document they would rely on.

As I recall though, the activating basis of the DPOA was that my father be unable to make decisions for himself, which was going to be the case once the intubation was completed and he was chemically induced into a coma.

I think most of the emphasis is on lack of ability to make cogent decisions because of dementia, but our situation is one in which a DPOA was mandatory because of the advanced state of deconditioning and ancillary factors that necessitated induction into a comatose state.

I think another use for a DPOA would be if someone was in an accident and medically or mentally unable to make any decisions, as to finances or care.

I do think you're right, that used properly, it can bypass the guardianship route, which is a much more expensive and controlled route.

As to the question whether a POA is voided when the maker becomes incompetent, I don't believe that's the case, but is rather ONE of the purposes of creating a DPOA. I think the maker's ability to make decisions would be considered limited, if still existent, but that wouldn't void the DPOA, only the maker's authority to make changes....if all that makes sense. It does get murky, doesn't it?

I've also worked for attorneys who've drafted limited, issue specific DPOAs, such as when my sister bought her house. The owners wanted to move out of state and didn't want to remain instate until the closing. So their attorney drafted a specific, Limited DPOA so a friend could execute closing documents for them.
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I have to admit I was starting to get confused! I have DPOA both financial and medical - and it seem to be agreed that a DPOA is well, more durable than a regular POA. But in regards to this whole discussion - isn't the whole point of a POA is that someone can act legally on someone behalf when they become incompetent? What else would you need or use a POA for if you were able to competently take care of things yourself. If a person is incompetent and that voided the POA, then who's in charge? You may answer guardianship but that can take many months and life and bills go on. Partially isn't a POA something that can help bypass the guardian route as long as the recipient is a willing one I.e. your not having to force them into AL or wherever? My understanding is a POA or even a DPOA can be revoked/changed at any time as long as the person is deemed competent. If this is in question the whole two letters by doctors come into play and a judge determines the outcome. If incompetent the POA stands if competent, it's a whole new ball game.
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ThereIsNoTry ....Yes I had (on Dad..) and have on Mom both the Durable POA and the Medical POA. I am also the trustee of two trusts....my Mom's living trust and a Charitable Remainder Trust that will pay out to the Charity in another year. And revoking a POA.....or it becoming null and void.... my understanding from working through the lawyer and with my Dad's attempts to revoke....is that the person that the POA is for...in this case, my parents.... can only revoke it BEFORE they have been declared incompetent. It actually becomes null and void only upon their death. It goes into effect at the moment it is determined they are not able to handle either financial affairs or medical affairs. But even then, at last with dementia, I was instructed that I was to 'take over' only the parts that either parent could not reasonably do on their own. So I was specifically instructed that my parents had the rights to make decisions that were NOT financial or medical, and that they could be included in any of those decisions even, and given choices or ideas to see what they preferred, but then, in the end, I was the decision maker. So Mom, just as an example, had her own credit cards and went shopping and bought things and I paid the bills. I never told her she could not do that. We had an issue over her agreement to purchase a used refrigerator once....where I could then see, that bigger decisions should no longer be allowed because she was no longer able to see or listen to the bigger picture in terms of good use of money. She wanted a second one. It was $325. She agreed to buy without telling me. BUT we paid another $150 to move fridges around and get the new one working right (icemaker issues) and then, subsequently, we had to put another nearly $200 into repairs, because she was hoarding food and over filling the icemaker storage area with food pkgs! SO...after that, I said she should call me before anything that was going to cost over $100 so I could check the totals in the checkbooks! Worked fine. She had no executive level thinking left. I also ordered another neuro psych eval at that time to see if her Alzheimer's was getting worse, and as a result, insisted on caregivers part time in the home, and ordered another video camera, so I could see what she was doing in the half of the home she spent most of her time in. Anyhow...the POA didn't become null and void when they became incompetent....just their ability to change it became null and void. My Mom is the bigger problem, and especially over the decision to leave her home and go to assisted living. She kept insinuating that I had misused their money because she said, " Your father told me that we would have plenty of money to last us for the rest of our lives, living in our house.....so where did it all go???" Lawyer has to try to explain that Dad had a great plan, and saved a lot of money, but his 'the rest of our lives' didn't count on living to 93 and 90 and getting dementia and alzheimers and having to live in a facility that cost us $75,000 for the first year until enough was spent down for Dad to qualify for Medicaid. On first discussions, Mom understood, but as she was getting worse, we couldn't even have a simple explanation. All the lawyer could tell her was that he was aware of how the money was being spent by me, and he knew I was doing everything legally but things were expensive and we were going to run out of money....Finally he actually had to give her a deadline to pick an AL place, and then a deadline to move out.....because she was so resistant. She did always have the choice to move in with one of our daughters and her family, and even after choosing AL, she still has that choice left. So decisions were arranged to be Mom's decisions because of her need to feel in control. But the lawyer did say, if Mom absolutely refused, we would have to get the two letters and perhaps even just go to court for guardianship. So far...it's been OK. The only other way the POA can be 'revoked'....is my part of it. I can back out of my responsibility to BE the POA at any time, and ask the lawyer to appoint another. For my Mom, one of our daughters is listed as a secondary, so he would then ask her first to take over. If she refused, he would have to put in a public fiduciary who would act on Mom's behalf, pay the bills, make the medical decisions etc. That, of course, would take all controls or discussions away from family members who know Mom and her likes, dislikes etc, so we would want to avoid that as much as possible.
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my fault! mea culpa! I'm the one that asked the personal question - if I need to not do it or send a msg or something different, call me out but I want to ask another one now; Joannes, so sorry to hear now about your mom but now can she have surgery?
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oh, I should mention, I don't think anyone can revoke a POA if not competent, my personal belief, based mostly on other people's experiences that a POA becomes null and void if someone is incompetent. Probably a good reason to avoid the question of competency altogether since that invokes issues to involve courts, emotions, and money.
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