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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 15931
Experience:  Licensed Texas General Practice Attorney
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Have power of attorney over my mother. Has history of having

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Have power of attorney over my mother. Has history of having mental problems. Her case worker has voided me from talking to her about my mom and is saying my mom verbally has voided my power of attorney. Can she do that?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Assuming that your mother was mentally competent at the time, yes, she could. And a power of attorney is not a document that has to be accepted by another party. Now if she did not have the mental capacity to revoke the power of attorney (and this could be demonstrated) you could still seek a "guardianship" over her. I would suggest that you contact your local court clerk about this process.

ScottyMacEsq :

But generally speaking, a power of attorney can be revoked at any time by the party that gave that power to the individual acting as that person's agent.

ScottyMacEsq :

If she were not mentally competent, it would not be a valid revocation of that POA, but the case worker does not have to accept even a valid POA if they don't want to, and can "play it safe" and stop allowing you to act in this role if there's a revocation of any sort, even if it's suspected that your mother did not have the capacity to revoke.

ScottyMacEsq :

That being said, you should contact an attorney in your area that deals with elder law / guardianship cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

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