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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37818
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Revocation of Power of Attorney. POA signed by mom (90) last

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Revocation of Power of Attorney. POA signed by mom (90) last year when she had capacity.This year certified incapacitated by physician which activating POA and mom was forcibly transferred to an assisted care facility against her will and desire by her daughter (POA). She regularly walks 1/4 mile a day and can do long division. She was under the understanding that a POA would only take effect if she could not perform any of the activities of daily living or had died. I would argue that she is physically and mental capability of taking care of her self. It would be in her best interest that live in the comfort of her home of 60 years. She even suggested revocation of POA as a solution. Adjudication?
Thank you,
Robert
Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your mother's situation. My goal is to provide you with excellent service today.
You are talking about a springing durable power of attorney which only takes effect on the determination by a treating physician or court of incapacity.
Once this sort of a POA has been activated, the person subject to it may not simply terminate it by revocation. They have to get a court order to terminate it based on having re-acquired capacity and this will require her physician to testify in a capacity hearing.
You can assist your mom by retaining an attorney to represent her if she wishes to contest the finding of incompetency by her physician or the facility physical who cause the POA to spring into existence with the diagnosis.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,
Doug

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