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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33730
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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I am not sure this is an 'estate' question, an elder care

Customer Question

Good Morning, I am not sure this is an 'estate' question, an elder care legal question or under the rubric of family law. I presently have the POA for my aging, retired mother (a woman clinically diagnosed with early onset of Alzheimer's w/dementia-a fact known to each and all parties in this episode- and an Alabama resident at the time). She allowed a first cousin (a New York State resident like me) to be added to as co POA three months ago in Alabama (without my permission or knowledge - apparently legal in AL with my mother's permission). First, I believe that the attorney who drew up the paperwork in Alabama, was aware of my mother's impairment, while drawing up the co-POA, adding my cousin to the document, etc. And second, what do I need to do to nullify the presently existing co POA from Alabama, and replace the co POA with a new and "final" POA with me, her only son as sole and only POA of record, as my mother will now and will in the future, live with me here in Upstate NY as a New York State citizen once again? Phil Hamilton***@******.***
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Has mother ever been declared legally incompetent by a judge or her doctors?

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Will mother agree to revoke the other POA?

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thanks

Barrister

Customer: replied 1 year ago.
I have been advised by two of her physicians that she has Alzheimer's. The term " legally incompetent ," was not used to my recollection. But their message was clear. Clinical diagnosis, no driving, constant supervision necessary and manage her affairs. I was advised specifically to all of these edicts by her physician. The original POA was drawn up by the same atty in AL who drew up the subsequent co POA in 6/3/15. And yes. My mother will rescind the co POA.
Expert:  Barrister replied 1 year ago.

Ok, then if she has not been legally declared incompetent by a judge, then she is still technically considered competent and would have the ability to sign a revocation of the POA in front of a notary and then it is completely legally binding. Once a copy is given to the holder of the POA, their powers are revoked and they can no longer act for her. Copies should be given to any bank where mother has accounts to make them aware of the revocation.

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The only other way to revoke it would be to pursue a full guardianship of mother by filing a guardianship petition in the local probate court, having mother declared legally incompetent, and then having you appointed her guardian. Then you can revoke the POA and she wouldn't be able to ever execute another one.

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.thanks

Barrister

Customer: replied 1 year ago.
Thank you. This was most helpful
Expert:  Barrister replied 1 year ago.

You are very welcome. Glad to help any time..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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