Q: Parent declared " unable to direct personal and financial affairs.
Parents creates a DPOA.
Later on in life 2 doctors state in writing "unable to direct personal and financial affairs."
Later, parent tells other child " can you help me remove her as DPOA." Because parent and DPOA had arguement about healthcare.
Sibling states he's going to assist parents to try to remove DPOA.
Doctors have already tested the parent and declared them unable to direct their own personal and financial affairs.
parent has dementia of the Alzheimer's type with behavioral disturbances.
Is there anything current DPOA can do to stop sibling from proceeding?
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A: If the parent needs protection to avoid others taking advantage, the best course is a conservatorship. The conservatorship will supplant any powers of attorney and provide additional powers to the conservator. Otherwise, you can litigate to invalidate any new DPOAs on the basis of incapacity.
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