QUESTION
Is it possible to fight a POA if it was signed by a person with demensia?
Asked on Jan 28th, 2021 on Elder Law - Pennsylvania
More details to this question:
My mom signed a POA and she didn't understand or read the papers. He told her it was just for accounting. Brought the lawyer to her house did it very sneekily. My sister and I were named but he made himself POA.
1 ANSWER
2 Awards
A dementia diagnosis by itself does not mean that someone lacks legal capacity to grant a Durable [Financial] Power of Attorney. Some people in the early stages still have this legal capacity.
Fraud is another question.
In some states an agent under a Durable Power of Attorney is required to report to the person who signed it and, if it so states, to others.
In some states anyone who would be a beneficiary under a Will or an heir if there is no Will can ask a court to investigate the activities of an agent under a Durable Power of Attorney.
You may want to discuss your concerns 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 Jan 29th, 2021 at 5:12 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.