Legal Question in Elder Law in New Mexico
POA and medical POA
CAn a perosn with dementia legally change her POA ? CAn a POA be irrevocable
Asked on 7/05/09, 11:24 am
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: POA and medical POA
A person who is not mentally competent cannot execute a legal POA. All POA's are revocable. A durable POA, however, is effective after incompetency if properly drawn and executed prior to the incompetency. Everything depends upon the language contained in the POA.
Answered on 7/05/09, 12:40 pm
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