Jenks, OK asked in Contracts, Estate Planning, Family Law and Elder Law for Oklahoma

Q: Can a 85 year old diagnosed with dementia revoke power of attorney or transfer it?

Oklahoma Durable Power of attorney question:

My grandmother has dementia but is compentent most of the time, she knows what is going on around her, the date, what ever is currently on the news ect..

My grandmother wants to revoke or transfer durable power of attorney from a family member.

My grandmother doesn't get along with said family member. They are constantly fighting and there has been some questionable things that have happened such as said family member screaming, yelling, and spending her money on things not not needed, throwing items such as cups at my 85 year old grandmother.

My grandmother wants to revoke the POA if she cannot revoke it she wants to transfer it to me or her brother.

What would need to be done to revoke it or transfer it?

1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN

A: A dementia diagnosis alone is not determinative. The dementia could be mild or it could be moderate or severe. If mild, probably the individual has the legal capacity to revoke a POA and grant a new one to someone else. If severe, probably not.

To create a new one, see an estate planning or elder law attorney in your state. Revoking the old one can sometimes be complicated. For that you also need to see an estate planning or elder law attorney.

There is no such thing as "transferring" a power of attorney. Normally the process is to revoke the undesired one and create a new one.

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