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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.

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Q: What is law about changing power of attorney after a diagnosis of dementia?
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Related questions

How can you get guardianship of your cousin with dementia I have power of attorney?

You would apply at the probate court. The clerk can help with the proper forms.


Can someone with dementia sign over power of attorney to someone?

No. First, a person with dementia is legally incapacitated. They can't grant a Power of Attorney to anyone. Second, a Power of Attorney is a legal document that must be signed by the principal in order to be valid.


Can a will be legally changed if the person has dementia and the power of attorney is not notified or present at the time?

If the person was of sound mind when they made out their 'last' Will and Testement then it's legal and binding. Most people do so earlier on before they become very ill.


How would you become power of attorney for your father for his financial and medical affairs if he has dementia and will not sign?

You must petition the court to be appointed his guardian. You should seek the advice of an attorney who specializes in probate.


How do you get power of attorney over a brother who is showing the early signs of developing alcoholic dementia?

This is something that you need to do NOW. If your brother still have his mental facilities then the easiest way to do this is to meet with a lawyer and your brother to draft the extent of your power of attorney.


Can a daughter change the will after becoming power of attorney in ri?

No, a power of attorney does not give the authority to change a person's will. The power of attorney only allows the designated individual to make financial and legal decisions on behalf of the person who granted the power of attorney. Changing a will requires a separate legal process.


What can an agent do if someone tricks an elderly person into changing their power of attorney to name a different agent?

Nothing unless person is declared to be mentally incompetent at the time the power of attorney was made


Who is responsible for your credit card debt after your death and your spouse has given you power of attorney due to dementia?

Your estate will be responsible. Indirectly, you wife will either have to pay it or get a smaller inheritance.


Power of attorney or Powers of Attorney- Which one is the correct?

power of attorney.


How to Revoke a Power of Attorney?

There are many reasons you may decide to revoke Power of Attorney, which include just changing your mind, appointing a new Attorney in Fact or maybe the Power of Attorney although necessary at one point, is no longer. As long as you are mentally competent you can revoke the Power of Attorney at any time you decide.Here are the steps to Revoke Power of Attorney:It will have to be in writing, there is a form titled Revocation of Power of Attorney that you can find for free from a law office or online.You will need the information from the Power of Attorney, such as the Agent or Attorney in Fact’s name and address. You may want to also include the date of the original Power of Attorney as well.You may need to have your signature witnessed and signed in front of a notary public.Give copies of the Revocation of Power of Attorney to the former Attorney in Fact and notify them that they will no longer be responsible for managing the selected affairs from the Power of Attorney.Request that any copies of the Power of Attorney be destroyed or returned to you.Provide copies of the Revocation to any financial institutions or organizations where the Power of Attorney was previously used, to inform them that it is no longer valid. If the Power of Attorney was recorded with any government agencies, you will also need to record the Revocation of Power of Attorney.You do not have to include the reason for terminating the Power of Attorney. Therefore, if it is simply because you have changed your mind or no longer want the current person to continue acting as Attorney in Fact, you can terminate or revoke the Power of Attorney whenever you feel like it. The only requirement is that the person is mentally competent. If you are not, you will not be able to revoke the Power of Attorney by simply filling out a Revocation. Contact an attorney if you need assistance.


What kind of attorney can handle a power of attorney?

Anyone can act as a power of attorney for someone else. You do not have to be an attorney


form needed for power of attorney?

power of attorney