Is a power of attorney valid if the principal is incompetent?

Full question:

Is a Power of Attorney legal if a family member takes it upon himself to get a power of attorney, and has the principle sign even though the principal is already incompetent?

Answer:

For a power of attorney (POA) to be valid, the person granting it (the Principal) must be mentally competent at the time of signing. This means the Principal should understand the powers they are granting to the Agent (the attorney-in-fact) and the consequences of allowing someone else to make decisions on their behalf.

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.

FAQs

To take over a power of attorney (POA), you typically need to be designated as the new agent in a valid POA document. If the current agent is unable to act, you may need to obtain a court order or have the principal revoke the existing POA if they are still competent. If the principal is incapacitated, you may need to seek guardianship or conservatorship through the court to manage their affairs legally.