Full question:
My aunt is in the nursing home, and someone else has power of attorne over her. She helped raise me when I was a teenager, my cousin got power of attorney over her without me. My aunt want to go home with me, and I want her to, what options do I have. Can I over go that power of attorney, and do mine.
- Category: Power of Attorney
- Date:
- State: Virginia
Answer:
The options available depend on the terms of the existing power of attorney (POA) and your aunt's mental capacity. If the current POA is effective and your aunt is mentally incapacitated, she may not be able to revoke it or create a new one. In such cases, you might need to pursue guardianship if she cannot manage her affairs.
Generally, a principal (your aunt) can revoke a POA if they are mentally competent. The terms of the POA will outline the agent's authority, which may be limited to specific transactions or conditions, such as mental incapacity. If your aunt is still competent and wishes to revoke the existing POA, she can do so.
It’s crucial to carefully review the POA document to determine its current validity. If your aunt lacks the capacity to revoke it, establishing guardianship may be necessary.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.