QUESTION

Can a DPOA be changed after someone is declared incapacitated?

Asked on Feb 17th, 2021 on Elder Law - California
More details to this question:
I am the DPOA since 2019 for 81 yr old in a mental facility currently but will be transferred to nursing home. Presently a new person has entered the picture and is attempting to have the 81 yr old revoke my DPOA and add themselves. This person is calling the nursing home and inciting the patient.
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
Someone who has been declared legally incapacitated to manage his finances has no legal ability to change the DPOA.  If you fear attempted elder exploitation and would like to discuss this with an elder lawyer, you can find one near you using the website of the National Academy of Elder Law Attorneys (www.naela.org).
Answered on Feb 18th, 2021 at 5:40 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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