Original POA in effect if incompetency found?

Original durable POA in effect if incompetency found?

What is the name of your state? California

Original durable POA with me as agent for my father was issued in 2001. My father has shown signs of dementia, Alzheimer's, but I had never got it formally documented by his doctor. In July 2007, another family member cohersed my father into revoking current POA by signing a new POA with that person as agent (I'm assuming that they just copied the language from the original POA). I took my father for a competency test in August which the doctor concluded that, yes, indeed, he has been incompetent since 2005 and is writing a summary report for my files. Does this mean that the new POA is null and void and it reverts back to the original POA? Or do I have to go through some kind of legal proceeding to contest this new POA even though my father has been deemed incompetent already? Please advise!

As long as your father has the capacity to contract, he can make powers of attorney. He can also revoke the new power if he wants. While the physician's opinion of capacity is important, it looks like you will need a court order to force the issue. Look at Probate Code Section 810 etc. for more. You are headed for a conservatorship proceeding if a fight is brewing among family members over control of your father's assets.

It is time to buy an hour from counsel experienced in dealing with conservatorships and fights over control. You will probably find that this is a very expensive undertaking. The better approach is to try to reach a deal.

Good luck.

lplegal said:

What is the name of your state? California

Original durable POA with me as agent for my father was issued in 2001. My father has shown signs of dementia, Alzheimer's, but I had never got it formally documented by his doctor. In July 2007, another family member cohersed my father into revoking current POA by signing a new POA with that person as agent (I'm assuming that they just copied the language from the original POA). I took my father for a competency test in August which the doctor concluded that, yes, indeed, he has been incompetent since 2005 and is writing a summary report for my files. Does this mean that the new POA is null and void and it reverts back to the original POA? Or do I have to go through some kind of legal proceeding to contest this new POA even though my father has been deemed incompetent already? Please advise!

Click to expand...

Petition for conservatorship over your father. Doing so will invalidate any POA and any future POA someone decides to have dad sign.