power of attorney
My mother has had a diagnosis of dementia by an emergency room doctor and is undergoing further evaluation by her PCP who concurred with the diagnosis but will be testing her further over the next couple visits to determine the extent of her dementia.
I believe my aunt and her daughter (my cousin) may have coerced her into signing a power of attorney after the initial emergency room diagnosis and while we are waiting for the PCP follow-ups.
My question is this: If they did get my mother to sign a power of attorney would it be valid, i.e, can she be considered to be of sound mind at the time of signing given that the signing would have been after the initial diagnoses though the extent of the dementia has not been confirmed?
FYI - The extent of her dementia includes hallucinations, thinking my father is still alive, not able to remember her medications, all of which my aunt has attested to my mother having experienced.
2 Answers from Attorneys
Re: power of attorney
The POA would most likely be invalid since her initial diagnosis, prior to signing, was some form of dementia. You can challenge the POA if you like. You will need the help of an attorney to do so, and I suggest an attorney in the county where your mother is living. I am in Jefferson myself.
William G. Nolan www.NolanElderLaw.com
Re: power of attorney
Signing a Power of Attorney is along the lines of requiring the same capacity to sign a contract. She has not been ruled incompetent so it may be valid. Many older individuals have some dementia and it just depends on how it affects her capacity. As my friend Bill Nolan suggested, seek the advice of an attorney. Just because someone has Power of Attorney doesn't mean they are necessarily doing any thing wrong. You may be unhappy that they may have coerced your Mom; they have a fiduciary duty to your Mom and can be personally liable should they breach that.
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