Legal Question in Wills and Trusts in Kansas

revoke durable power of attorney

Can a durable power of attorney be revoked by a person with bi-polar disorder?


Asked on 5/03/98, 5:27 pm

2 Answers from Attorneys

Alan Pransky Law Office of Alan J. Pransky

Revoking Power of Attorney

Any competent person can revoke a durable power of attorney. A bi-polar disorderdoes not necessarily make a person incompetent for purposes of making decisionsabout matters such as powers of attorney.

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Answered on 5/22/98, 10:13 pm

Only if and while competent to make the revocation.

Only if and while competent to make the revocation.

That's my opinion about when someone can revoke a power of attorney.

Some powers of attorney (called springing powers) are written to be effective only when the principleis incompetent of carrying on his or her own affairsand that presumably means it doesn't have to be revokedif the principle is competent (still or again). But it depends on how it's written.

I don't have all the answers and don't know enough factsto answer your questions and probably don't know enough laweither, so don't rely on my opinion!

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.

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Answered on 5/23/98, 4:48 pm


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