QUESTION

If an elder has a durable power of attorney dated in 07 and now has been dx with Alzheimer'' and metal illness and wants to change durable power of att

Asked on Feb 21st, 2012 on Elder Law - Florida
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but is not compliant with treatment and medications, is she able to do this legally?
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1 ANSWER

Estate Planning Attorney serving DeLand, FL
4 Awards
This is a difficult question to answer on this forum. You should seek out an estate planning attorney in your area to help you determine whether the elder has the capacity to change his or her Durable Power of Attorney (DPOA). Capacity to execute estate planning documents requires the individual to understand the nature of his or her assets and the individual(s) to whom the assets are going to be distributed. The elder would need to be able to understand what a DPOA is, what powers he or she is giving to the agent and be familiar with the person they are designating as an agent.
Answered on Apr 05th, 2012 at 3:00 PM

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