2006-12-01 08:52:57 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
was this person of sound mind and body at the time the PA was taken out? perhaps that's WHY it was issued, in case of just such incapacitation..
2006-12-01 08:55:43 · answer #1 · answered by kapute2 5 · 0⤊ 0⤋
Usually yes -- power of attorney ends when the person who wrote becomes incapacitated.
However some powers of attorney survive incapacity -- they are called DURABLE power of attorney.[1]
Also sometimes people design power of attorneys that ONLY work if they are incapacitated -- called Springing powers of attorney.[2]
2006-12-01 22:07:47 · answer #2 · answered by hq3 6 · 0⤊ 0⤋
Your query is unclear. Do you mean a person granted a POA & then became mentally incompetent? If so, the general rule is that POA's are automatically revoked upon the principle's incompetencey. However certain POA's (generally referred to as "durable" POA's) are not. Without more information no one here can give you an answer.
2006-12-01 17:07:56 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Only if you can prove beyond a reasonable doubt that the person is incapable of making rational decision.
Just an injury will most likely not cut it.
2006-12-01 17:15:05 · answer #4 · answered by Tyler P 2 · 0⤊ 0⤋
Yes but you would have to prove the person is capable of making rational decision.
2006-12-01 17:01:39 · answer #5 · answered by Boris 6 · 0⤊ 0⤋
not unless there is a clause in it that says so.
2006-12-01 16:55:51 · answer #6 · answered by Anonymous · 0⤊ 0⤋