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Roger, Attorney
Category: Legal
Satisfied Customers: 31687
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have been my fathers power of attorney since July of 2014.

Customer Question

I have been my fathers power of attorney since July of 2014. At this present time he resides at Laguna Rainbow center in New Mexico. The executive Director of the facility changed the power of attorney to my fathers sister. My father has a letter from a doctor stating that he cannot make his own decisions with out my help due to being incompetent, I was not notifed about this by a letter of meeting or anything. He called to say on the phone as it happened. today I still have not received any form of notice of letter. Is this Legal ? It was not not in court nor notified by mail as to any of this
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

In order for any power of attorney to be valid, the person signing the document must be mentally competent to know and understand what he/she is doing and the legal consequences of executing a document. Thus, if your father is not mentally competent as diagnosed or stated by his treating physicians, then this new POA should not be legal.

Expert:  Roger replied 1 year ago.

Also, even if this POA were legally executed by your father, it would not necessarily revoke your POA unless the new POA says he revokes any previously executed POA's.

Expert:  Roger replied 1 year ago.

That said, if your father is not capable of knowingly executing a new POA, you should have the ability to file a petition in court to set aside and cancel this new POA based on his diminished mental capacity.

Expert:  Roger replied 1 year ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting.