Legal Question in Elder Law in West Virginia

Incompetency and Powers of Attorney

How can a Power of Attorney be revoked or changed for a legally incompetent person?


Asked on 6/18/02, 10:40 am

1 Answer from Attorneys

Martin Kasdan, Jr. Martin Z. Kasdan, Jr., Attorney at Law

Re: Incompetency and Powers of Attorney

It is unclear if the legally incompetent person is

in WV or KY. If KY, an adjudication of

"incompetency" (actually, "legal disability")

would serve to automatically nullify any prior POA.

If the incompetent individual is a resident of

WV, and was at the time of the judicial

incompetency proceeding, then a WV attorney

would need to answer.

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Answered on 6/18/02, 7:47 pm


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