Resources for Seniors

questions & answers

Question: Can a durable power of attorney be revoked from a elder with dementia without a doctors assessment

Answer:

According to the National Alzheimer's Association:

In most cases, if a person with dementia is able to understand the meaning and importance of a given legal document, he or she likely has the legal capacity (the ability to understand and appreciate the consequences of his or her actions) to execute (to carry out by signing it).  As long as the person with dementia has legal capacity, he or she should take part in legal planning. A lawyer can help determine what level of legal capacity is required for a person to sign a particular document, as it can vary from one document to another.  (https://www.alz.org/national/documents/brochure_legalplans.pdf).  

You may want to consult with an attorney to discuss options.

QUESTIONS

  • Can a durable power of attorney be revoked from a elder with dementia without a doctors assessment

STORIES

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FIND LEGAL HELP

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

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