Legal Question in Elder Law in Pennsylvania

competency

My elderly mother, who suffers from dementia, has appointed me as her POA. She now wants to change her POA. The POA document states that I may challenge the change by requesting the written opinion of a licensed physician stating, her opinion, that my mother is not competent to make the decision to change her POA. How does the state of Pennsylvania define competency? What are the criteria to determine an elderly person's state of capacity or incapacity in making decisions regarding her affairs.


Asked on 2/23/06, 3:17 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: competency

There is no statutory definition of competency that can be applied. Instead the opinion of a physician is used to come to a determination within a reasonable degree of medical certainty that a person is or is not competent handle their own affairs. This a medical determination rather than a legal one.

It would behoove you to have an attorney observe/interview your mother both before and during the physician's examination. A significant factor in this determination will be her ability to comprehend what the transaction is to accomplish and her reasons for doing the transaction.

This is not an area where you or your mother should be treading without legal guidance. As soon as possible find an attorney who practices in the area of elder law, either myself or another attorney. I would be happy to help you with this matter. Please contact me if you are interested.

Regards,

Roger Traversa

[email protected]

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Answered on 2/23/06, 4:41 pm


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