Cognitively impaired 92 year old signs new POA

This is a discussion on Cognitively impaired 92 year old signs new POA within the Elder Law forum, part of the Other Family Law Matters category; Documented cognitively impaired woman has signed a new power of attorney. How can this be overridden since her impairment makes ...

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Old Jun 26th, 2009, 10:08 PM   #1
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Confused Cognitively impaired 92 year old signs new POA

Documented cognitively impaired woman has signed a new power of attorney. How can this be overridden since her impairment makes it impossible for her to sign legal documents? This new POA has been presented to her bank and they have accepted it and are acting on it. Is this new POA legal? If not what can be done about it?
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Old Jun 27th, 2009, 02:13 PM   #2
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Default Re: Cognitively impaired 92 year old signs new POA

You can file in court asap and try to ask the judge to void it if the woman will not do so herself.

You have to show she did not know what she was doing.
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Old Jul 15th, 2009, 12:22 PM   #3
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Default Re: Cognitively impaired 92 year old signs new POA

The issue of Power of Attorney is a sticky legal area. Many banks do not accept POA and many simply honor it as a courtesy to the customer.

If you can prove the woman is cognitively impaired, that may be an avenue you might wish to pursue.

The issue would be with what stake you have in this woman's choice of Power of Attorney. Generally, a person can give POA to any person of her choosing, regardless of impairment. There are untold numbers of documents that have been signed and are legally effective in which this happens.
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