Q: if someone is sick and medicated in hospital and coerced to sign power of attorney how can it be blocked stopped
my mother is sick and her sister made her sign over power of attorney? can she have a new will drawn up help please
A: If the person is able to sign, then you can have a new power of attorney signed which revokes the prior power of attorney or you can have her sign a revocation of power of attorney only. If she is unable to sign, then you would need a court action or a conservatorship (also a court proceeding) which revokes the durable power of attorney.
A: If the individual doesn’t have the capacity, a court order may revoke the POA secured by fraud or undue influence. If the individual has the capacity, he or she would execute a new POA revoking all prior POAs. I agree with my colleague. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. For specific advice, please consult a tax attorney in person. Good luck. Zaher Fallahi, Estate Planning and Tax Attorney, CPA (California).
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