a man is injured and sustains brain damage. wife has DPOA. this man now is alert and making treatment and medical care decisions for himself. the man is viewed as competent by his treatment team. is the DPOA still valid? does the man need to file or petition for revocation of the DPOA?
2007-10-05 02:29:09 · 5 answers · asked by poetsinger 2 in Politics & Government ➔ Law & Ethics
It is valid until revoked. Depending on the relationship between the husband and wife - the man may need to notify her in writing and destroy all copies of the DPOA.
Notification of any third parties the wife might have engaged in business with may be in order.
He can also file a document called a "Revocation of Power of Attorney" in the public records where he lives or owns property. If business interests are at stake he can file notices in the local papers as well.
2007-10-05 02:44:29 · answer #1 · answered by pepper 7 · 1⤊ 1⤋
He only needs to petition the court for competency if he was deemed incompetant by the court. Otherwise, nothing need be done. Think of the DPOA as an instruction sheet in case something like this happens.
2007-10-05 02:41:47 · answer #2 · answered by ? 6 · 1⤊ 1⤋
Yes, if you need access to the legal system or forms, try the sites below. This will make it clean and clear in the eyes of justice.
2007-10-05 02:40:25 · answer #3 · answered by citronge 2 · 0⤊ 2⤋
Yes, he has to get himself declared competent in the eyes of the court.
2007-10-05 02:31:40 · answer #4 · answered by regerugged 7 · 0⤊ 2⤋
Dunno. You should consult an attorney.
2007-10-05 02:36:22 · answer #5 · answered by ? 6 · 0⤊ 2⤋