Q: Can a power of attorney be legally signed after one has a signed document from a dr. Deeming one imcompetent?
A: The power of attorney form can be signed but it may not be effective if in fact the person signing the power of attorney has been previously declared incompetent. In order to sign a power of attorney form, the person must be able to declare that they are of sound mind and are competent to sign the document. To sign a power of attorney under such circumstances would likely be either fraudulent or even a crime of perjury, and could involve anyone who assists the incompetent in complicity with the fraud or perjury. So I would be very careful about encouraging anyone from doing anything of this nature.
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