Power of Attorney - Dementia
my husband has POA for his mother who is elderly and has been diagnosed with Alheimers Dimentia. She is currently in a nursing home. There is a fued about the family home between him and his sister and we were notified yesterday by her attny that she got the mother to change the POA over to her. Is this legal? My husband was not notified that this was happening. And since my mother in law has dimentia which put her in the nursing home, doesn't that mean she is not able to make decisions for herself, hence why my husband has the POA to begin with. We think the Sister tricked her into changing the POA. Is this new POA legal? Can we get it reversed?
Re: Power of Attorney - Dementia
A person must be competent to make a power of attorney, but if they make a Durable Power of Attorney, that person can continue to act on their behalf even after the principle becomes incompetent and until a guardian is appointed by a probate court to act for that person's best interest.
Consult an attorney only if your husband held a Durable Power of Attorney and you have reason to believe that two (2) doctors would agree that his mother was, in fact, incompetent to have signed the POA naming his sister, as Alzheimers does not always render a person immediately incompetent to to so.
Re: Power of Attorney - Dementia
A person must be competent to make a power of attorney, but if they make a Durable Power of Attorney, that person can continue to act on their behalf even after the principle becomes incompetent and until a guardian is appointed by a probate court to act for that person's best interest.
Consult an attorney only if your husband held a Durable Power of Attorney and you have reason to believe that two (2) doctors would agree that his mother was, in fact, incompetent to have signed the POA naming his sister, as Alzheimers does not always render a person immediately incompetent to to so.
