Legal Question in Elder Law in Ohio

revocation of power of durable power attorney

How can a person reverse the durable power of attorney that was received after having a stroke and was obtained due to mental incapacity at the immediate time, however now the person is of reasonably sound mind in a rehabilitation facility and wants to leave and move out of the area of marietta, oh to louisville, ky to live with someone who can provide care for him if needed, this all took place in the state of Ohio


Asked on 1/13/08, 1:30 am

1 Answer from Attorneys

Rick Sommer Law Offices of Rick J. Sommer

Re: revocation of power of durable power attorney

If a person who granted the POA has not been adjudicated incompetent by the court, or made the ward of a guardian, then he/she can revoke a POA. POAs often contain a section dealing with revocation. But, if not, the POA can still be revoked by the grantor. The concept of durability means that the POA survives the incapacity of the grantor. Not that a POA survives if the grantor wishes to, and is capable of, revocation.

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Answered on 1/13/08, 1:15 pm


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