QUESTION
Can a Power of Attorney be cancelled if the person is no longer in sound mind
Asked on Feb 06th, 2013 on Contracts - North Carolina
More details to this question:
I had the power of attorney for my moms affairs while she was in sound mind and my dad was ok with it. Weeks afterwards, her heart stopped and she was revived. He mental state dropped and she also developed 2nd stage dementia. While she was in her demented state my dad went to a lawyer and cancelled the POA. Is this legal when she really didnt know what she was doing...My dad made (convinced)her to sign. Can this be reinstated and if so how. Thank You
1 ANSWER
If your mother was really not competent at the time she changed the power of attorney, or was caused to do so only due to the "undue influence" of your father, the change is invalid. However, you have to think about what you will be getting into if you challenge the cancellation, because you will have to go to court to prove that she was incompetent and/or under your father's undue influence, and have the cancellation revoked. This will be expensive, time consuming, and likely put you at odds with your father, and you might not win.
Answered on Feb 06th, 2013 at 3:45 PM