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Loren, Attorney
Category: Legal
Satisfied Customers: 33067
Experience:  30 years experience representing clients.
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If and elderly person who has never been declared mentally

Customer Question

If and elderly person who has never been declared mentally incapable, now wants to terminate Power of attorney. Does this elder person have to take a mental capacity test to terminate power of attorney contract. the contract states. "You have the right to revoke or terminate this durable power of attorney at any time, so long as you are competent"
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed? Have you talked to a lawyer yet?
Customer: Ca
JA: Anything else you think the lawyer should know?
Customer: no just that querstion
Submitted: 12 months ago.
Category: Legal
Expert:  Loren replied 12 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Unless otherwise provided in the terms of the POA, the principal may revoke the authority at any time by doing so in writing and providing the revocation to anyone in possession the original POA.

There is a presumption of legal competency and if the attorney in fact wishes to challenge the revocation on the basis of competency then it is their burden to prove. There is no test required, other than if ordered by the court.

Expert:  Loren replied 12 months ago.

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