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Can an incapacitated person legally appoint someone as their attorney in fact under a power of attorney without a hearing?
Wiki User
∙ 10y ago
If that person has legal capacity the answer is yes. If the person does not have legal capacity then the court must appoint a guardian.
Wiki User
∙ 10y ago
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What is enduring power attorney?
A durable power of attorney is one that "endures" and remains effective even if the person making it becomes legally incapacitated.
What an enduring power of attorney is?
A durable power of attorney is one that "endures" and remains effective even if the person making it becomes legally incapacitated.
Does a power of attorney cease upon incompetency?
A durable power of attorney is one that "endures" and remains effective even if the person making it becomes legally incapacitated.
What is law about changing power of attorney after a diagnosis of dementia?
A regular POA expires when a person becomes incapacitated. A 'Durable Power of Attorney' remains effective. If a person has become legally incapacitated and the POA has expired then someone must petition the court to be appointed that person's guardian as well as the guardian of their property.
Who is a patients durable power of attorney?
A patient has a Durable Power of Attorney only if they have executed such a legal document in the past. The person named in the Durable Power of Attorney is the attorney-in-fact. If an incapacitated patient did not execute such a document when they were legally capable then someone must be appointed as their guardian by a court.
What is the difference between an Enduring power of attorney and springing power of attorney?
A durable power of attorney is one that "endures" and remains effective even if the person making it becomes legally incapacitated. A springing power of attorney does not become effective when the power of attorney is signed, but instead "springs" into effect upon the legal incapacity of the person making it.
How do i challenge the poa when my sister and younger brother has the power of attorny rights of my father who has alztimers dease?
If you believe that the power of attorney (POA) is being abused or not acting in your father's best interests, you can consider seeking legal counsel to challenge the POA in court. This process typically involves providing evidence of misconduct or incapacity on the part of the POA holders. It's important to act quickly and with the support of legal advice to navigate this complex situation effectively.
Is it legal for an attorney to change a Power of Attorney without notifying the original attorney in fact for someone who is incapable of making changes?
No. Only the principal can change a Power of Attorney. If the principal is legally incapable then the POA cannot be changed. In order for a POA to remain in effect after a person becomes incapacitated the POA must be a Durable POA. If an attorney is tampering with the POA he/she should be reported to the State Board of Bar Overseers.
Your mother has Alzheimer's. A predator has power of attorney and had your mother change her will. Can the power of attorney be revoked?
You need to speak with an attorney as soon as possible. If your mother is legally incapacitated she cannot execute a POA document nor can she change her will. You need to petition the court to be appointed her guardian so that you can take care of her, her assets and protect her from predators. You should consult with an attorney who specializes in elder affairs or probate. Do not delay.
If my sister had our Aunt cosign for a loan on her house and our Aunt has been diagnosed with alzheimer's is this legal?
If your aunt had already been diagnosed at the time she signed the loan she was not legally capable of signing a contract. However, your aunt's signature makes her legally responsible for payment of the loan until evidence is presented on her behalf that she was taken advantage of by your sister. You should consult with an attorney. Your sister's behavior should also be reported to the district attorney in your jurisdiction if she has taken advantage of a legally incapacitated person.
Can i Challenge the power of attorney?
If the principal became incapacitated and someone else legally requested the court to determine the principal's incapacity, the attorney-in-fact's authority to continue to act on behalf of the principal in his/her name would be suspended until the court made a final determination or if the request is dismissed or withdrawn.
What is the duration of a Power of Attorney?
A Durable POA lasts until it is revoked, extinguished by a legal guardianship or by the death of the principal.A General POA lasts until it is revoked, extinguished by a legal guardianship or by the death of the principal, or when the principal becomes legally incapacitated as certified by a physician.
