QUESTION
How do you get power of attorney reversed if the person becomes competent?
Asked on Nov 14th, 2013 on Family Law - Washington
More details to this question:
My sister in law had a stroke and was left confused and her daughter got Power of Attorney over her. Now she is becoming normal again and wants to leave the home/rehab they stuck her in.
4 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Once she is competent it can be revoked. See an attorney.
Answered on Nov 18th, 2013 at 8:30 AM
Walter H. Bentley
If she has regained her competency and is able to make her own decisions than she can revoke the Power of Attorney. If the power of attorney was through some type of guardianship or conservatorship she will need to petition the court to terminate it. The judge will want a report from her doctor and/or treating facility indicating that she is capable of making her own decisions.
Answered on Nov 15th, 2013 at 9:25 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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She gets the doctors to say she knows what she is doing, then sends a notice to her daughter revoking the power of attorney.
Answered on Nov 15th, 2013 at 7:07 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If your sister was incompetent, her daughter could not have gotten a POA because your sister would have been incompetent to sign it. If your sister did sign it, then if she is competent now, she just needs to revoke it in writing. However, if she had a stroke, a doctor would have to assure that she is competent to sign a legal document at this time.
Answered on Nov 14th, 2013 at 4:23 PM