Incompetent

[skygirl4ual]

My mother and father gave my brother Power of Attorney, and now want it revoked. Our attorney says that he doesn't feel that my mother is competent. Does he have the right to decide whether she is or isn't? She has had a stroke, and has problems speaking, but still knows what she wants. At what point is someone deemed incompetent? My parents are visiting with their doctor, and I am hoping to get a statement from him in regards to their competency. Also, the attorney advised my dad that the original copy of the PA is missing. Is it needed? Please help. I'm feeling a little uncomfortable with the attorney.

 

[Scooterdog]

IF your mother is and was incopetent at the time, she should have had a GAL appointed.

While a Power of Attorney will be accepted as valid for most purposes, there are some actions that cannot be accomplished by using a Power of Attorney because these actions are so personal in nature they cannot be delegated to another. For example, a Marriage ceremony or the execution of a will cannot be done by Power of Attorney. In addition, there are times when a certain form of Power of Attorney is required and no other form will be accepted.

Here is a link I found:

http://www.easypowerofattorneyrevocation.com/poa_revoke_faq.cfm

It even has a easy form to revoke it. That site explains POA very well.

Good luck and hope this helps you out.

I just notice, it appears you would pay for the form? I don't know, but the information is very good.

If you provide your state, I can try to link you to your state with information. Don't pay for the form, I should be able to find you one from your state.

 

[lwpat]

Your father can revoke his power of attorney so that can be done immediately. Why are you wanting the PA revoked?

 

[Scooterdog]

:yes:

Your father can revoke his power of attorney so that can be done immediately. Why are you wanting the PA revoked?

I agree.

I question why a lawyer was given PA. Why not a family member?

Although it appears you don't need a reason to revoke, I wonder why dad was not mentioned more. Not accusing, just asking.

 

[skygirl4ual]

My brother became estranged from my family, almost immediately after helping my dad to set up an 'irrevocable trust'. He is married to an attorney, and she helped 'reword' the trust. Now, he refuses to see my parents, and has not had any contact with them for over eight months. This has unsettled my father, and he does not trust him. In the meantime, my mothers health has gotten worse, and my dad sought a reverse mortgage on his property so that he can care for her adequately. It is not possible, as the property is deeded now to the trust. My brother has agreed to sign the necessary papers (reluctantly) to revoke the trust, but still has PA for both parents.

 

[skygirl4ual]

Thank you. My parent attorney cannot find the original PA. Can the revocation be accomplished by using the date of the original? My parents live in Oregon.