Asked in Family Law and Estate Planning for Oklahoma

Q: Can power of attorney be revoked if person was not of sound mind at the time?

My dad was diagnosed with dementia February 2020. I had been his POA since May 2019. my daughter, without me knowing, changed poa to her in February 2021 at the time he had senile dementia and Alzheimer's per his doctor. Would this be able to be revoked since the document he signed stated he was of sound mind but was not?

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1 Lawyer Answer
Charles Watts
Charles Watts
  • Licensed in Oklahoma

A: There are more than one kind of power of attorney. Some POAs terminate instantly when someone becomes incapacitated or no longer competent because a power of attorney is predicated on the person granting the authority to make the decision as if it were themselves (in other words in their capacity). Some power of attorneys cover if they become incapacitated while others do not. Some spring into effect when one does become incapacitated. You need to contact an experienced attorney to let them review both your and your daughters POAs.

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