removal

My husband has had a major stroke and is incompetent. His daughter had him sign a revocation of my POA which he didn’t remember signing. What can I do to regain POA?

Asked on April 12, 2017 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can't "regain" it unless you can invalidate the revocation, since a new POA can only be granted by a competent person, which, based on what you write, your husband is not.
The revocation could only be invalidated if you could show, by evidence, one or more of the following:
1) Your husband was mentally incomptent when he did it--just as an incompetent person cannot create a POA, so can one not revoke an existing one.
2) The daughter threatened, forced, coerced, etc. him into the revocation.
3) The daughter tricked him into signing something which he did not know, and reasonably, under the circumstances, should not have known, revoked the POA.
4) The revocation is a forgery--e.g. the daughter has faked it, and your husband never signed it.
Apart from the above, however, the revocation stands; and if it stands, then the old POA is gone, and if your husband is incompetent, he cannot grant a new one.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.