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It depends on a couple of factors at least:
1. Is the dementia total of does he/she have lucid moments? This becomes a matter of medical proof, plus proof of the patient's particular state of mind when the new POA was executed.
2. There may be proof that a person exerted undue influence on the patient to make the change. The influence may have been used at a time of lucidity or not. That person may be the one who is getting the new POA or someone else.
These or other irregularities, if proven, could be the basis of an action to void the new POA. Depending on your relationship to the patient, you may he be the person to apply to the court to be appointed conservator/guardian of the patient due to his/her condition and in that context, make the application to void the POA.
Rich
Lawyer (JD)
NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.