Can my incompotent father revoke a power of attorney if I have documentation stating that he is incompotent?

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Can my incompotent father revoke a power of attorney if I have documentation stating that he is incompotent?

My father has been rendered medically incompetent. His sisters are now trying to revoke the power of attorney that was set up by the family attorney. What can I do to protect my mother and his assets?

Asked on April 4, 2012 under Estate Planning, Georgia

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 9 years ago | Contributor

In short, yes, the court can revoke your power of attorney. 

You should defend the action.  If you mother is competent, she can testify to your competence and to the fact that you, a closer relative is in a better position to conduct your father's affairs.  

 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am sorry for your situation.  You need to seek legal help by going to an attorney and applying to court to become the guardian or conservator of your Father.  Your Mother is the best candidate as spouses are often given priorty over any other family member.  And if your Aunt's are trying to pulll a fast one then it would be best.  If Mom can not serve then you are the next best choice.  Once appointed you will control decisions regarding your Father, medically and legally. Good luck.


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