If a person is on memory medication are they considered capable of revoking a POA and signing a new one? - AgingCare.com

If a person is on memory medication are they considered capable of revoking a POA and signing a new one?

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If a person is on memory medication are they considered capable of revoking a POA and signing a new one?A friend's Dad is on memory medication and going through extreme cancer treatments. He has not been deemed incapable of making decisions, however I don't feel this is right considering his frame of mind. He is confused and easily swayed by family members, who until recently haven't been involved in his life. They swooped in and have had him revoke his existing POA, replacing it with a new one, naming themselves as the attorney. Funds have been withdrawn from his account and decisions made without the entire family present. Why are people so nasty? I have suggested legal assistance for the former attorney, as that would be the best choice. However just looking for some feedback to help an extremely frustrated and hurt friend.



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There are circumstances when Power of Attorney is not adequate to protect a person's interests. People who have difficult family dynamics should consider establishing a Trust instrument. In a Trust, you give specific instructions, and place responsibility for any assets in the hands of a fiduciary (person or financial institution responsible for another person's money and property).

I know this advice about Trusts may not help in your situation, where the Power of Attorney document should be protecting a person who had expected it would be sufficient. Revoking the POA and creating a new instrument depends on whether a notary and witnesses can certify that the person is competent and knows what he is doing. Even if there are "lucid" moments, when the person is aware of the significance of what he is doing, the facts you are describing indicate there are people who would object and contest the changes.

So, your facts are heading toward Court involvement if changes are made. The best way to avoid costly litigation later might be to go to Probate Court now and petition for Conservatorship of Limited Conservatorship. The person you want to protect may even be able to assent to having the Court supervise his assets. A Conservator provides accounts to the Court and the person he is protecting.

Your first step is to talk with an attorney in your state who knows the rules and procedures, and can explain to you who is considered an interested person who is qualified to file a Petition for Conservatorship.
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Only a Judge in Surrogate's court can decide if this was legal or not. However, if there is money missing, file a report with the nearest prosecutor or adult protective services.
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If you think the POA is abused, alert the APS as Pam mentioned. A POA can only use the person's money for the interest of the person. If you think it is being used for something else, let someone know.
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