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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
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.