my son is incompacitated and unable to speak for himself. he is 44 years old. Prior to him not being able to communicate, his "girlfriend" somehow obtained power of attorney. I would like to know if I will be able to revoke her power of attorney and have it turned over to me. My son is not married
Asked on 1/21/11, 7:08 pm
3 Answers from Attorneys
Michele Cusack
Pollak & Cusack
You would have to apply for Conservatorship.
Answered on 1/26/11, 7:13 pm
Frankie Woo
Fiducia Legal
I agree. You have to petition for Conservatorship, and explain to the court why the power of attorney should be dissolved -- e.g. she doesn't look after your son's best interests, or that the power of attorney was obtained while your son was not of sound mind, etc.
Answered on 1/26/11, 8:09 pm
Anthony Roach
Law Office of Anthony A. Roach
It depends on the power of attorney, and whether it was "durable" or not.
Answered on 1/27/11, 8:48 am
