Legal Question in Elder Law in Connecticut

Can a daughter revoke a power of attorney made by a granddaughter if the elderly mother is incoherent existing in a nursing home?

This seems inhumane to me. I am not the daughter nor granddaughter...just a concerned friend.

Asked on 12/29/12, 11:03 am

1 Answer from Attorneys

Linda Subbloie Linda A. Subbloie, Esq.

I'm sorry, but it's not clear to me who signed the power of attorney. I'll guess based upon your posting.

If the "mother" gave a power of attorney to her daughter, then only the "mother" can revoke it. To revoke it, the "mother" must have her mental faculties. If the "mother" gave power of attorney to her granddaughter, then (same thing) only the "mother" can revoke it.

The "mother's" daughter can not revoke it.

If there is some kind of abuse of the power of attorney,almost anyone can petition the probate court to appoint a conservator for the "mother" who does not have all of her faculties to manage her affairs. Once the probate court appoints a conservator, the power of attorney previously in place is null and void.

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Answered on 12/29/12, 4:44 pm

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