QUESTION
Can a revoked durable POA be reinstated if person was demented when POA was revoked?
Asked on Jan 09th, 2012 on Elder Law - North Carolina
More details to this question:
Had durable POA (fin. & healthcare) for my mom. Mom''s dementia has worsened in past year. After recent health crisis, mom''s dr. sent her to assisted living after hospital. Mom got angry, paranoid at sister and me, called her atty. I had previously called mom''s atty and told her of mom''s worsening state, and asked if the POA was still in effect (yes, it was.) Atty visited my mom, pronounced her competent, advised her to revoke her POA, and then did revoke it. Mom named another relative as her HC POA. However, neither atty or mom ever notified this relative. Mom has another health crisis, near death, has been hospitalized for 2+ weeks. Relative named HC POA did not know she was HC POA, and when told, said she does not want to do it. Mom''s atty now says mom is incompetent to name new POA, told us to sue for guardianship. No time. Can revoked POA be reinstated b/c mom was incompetent when she revoked it? Can atty determine competence? Did atty act in mom''s best interests? Ethics of atty?
1 ANSWER
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It sounds as if you have a number of issues, and it is difficult to answer them all without additional information. It may make sense to speak with an attorney in or around the town where you live to discuss in greater detail. There do appear to be a number of flags and causes for concern, based on what you say here, and I think a conversation with an attorney would be beneficial for you and your family. At that point, you can decide if it makes sense to get the attorney more involved. Good luck going forward.
Answered on Jan 13th, 2012 at 2:35 PM