Legal Question in Elder Law in California

A friend revoked a power of attorney. She is being told by many than because she has dementia she cannot do so.

I was witness to the following:

Prior to a notary documenting the revocation, she read and afterwards my friend, read the revocation out load, she asked her to explain what it meant, which she did. She then asked her if this is what she wanted to do, to which she replied "Yes", at which time the notary filled out the paperwork needed and stamped it. My friend is being told that the document is illegal. She believes that if the revocation is to be contested it needs to be done in a court of law.

My questions:

Was the document correctly?

Does a protestment of the revocation need to go to court?

Thanks!


Asked on 5/14/10, 1:20 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If certified by the notary that the person was competent at the time, the document would be valid. Anybody wanting to 'contest' it's legal consequence would have to take legal action to try do so, and prove she was incompetent at the time of signing.

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Answered on 5/19/10, 2:19 pm


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