Asked in Elder Law, Probate and Estate Planning for Alabama

Q: My grandfather was involuntarily committed is there a way I can get this revoked? I was unaware until after the fact

He is in Alabama I’m his granddaughter in Georgia is there a way to get his current power of attorney removed

1 Lawyer Answer
Mr. James Parrish Coleman
Mr. James Parrish Coleman
  • Probate Lawyer
  • Robertsdale, AL

A: You are sending a mixed message here. You say he was committed. That is a judicial process wherein he appeared before a judge and had an attorney appointed to represent him. That can be undone if it can be shown that he has regained his mental facilities. I don't understand what that has to do with a power of attorney. A power of attorney is a document that a person who is of sound mind creates to tell all the world that some other person has the power to act for him or her. THe power can be very general or limited. The power can remain valid even if the person who gave it becomes mentally incompetent -- but only if the (Durable) power of attorney says that.

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