Medical Power of Attorney, if someone obtains a new one having the patient sign while temporarily incompetent?
I've had medical power of attorney for my father for years now, this week my sister obtained a new one but Dad doesn't remember signing it and doesn't agree, what should be done to make sure the original power of attorney is the active one? He did not have the capacity to contract when the new MPOA was done, but how do I fix this and prevent further intrusion? The new mpoa was signed by a dr. stating incompetence. now how do I resolve this?
Public Comments
- under law a person must have capacity to contract. if your fathers health was such he didn't know what he was signing then it is viod
- Power of attorney is done by date. I would have another drawn up and notorized and then quietly have papers drawn up that would recognize him as being mentally incompetant....signed by his doctor etc. then she wouldn't have a leg to stand on...
- Power of Attorney is not valid if the person was not competent to make the decision to sign the power of attorney. Contact an attorney is fight the fraudlent one by your sister.
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