Legal Question in Wills and Trusts in Minnesota
verbal wishes on their will and power of attorney
elderly lady verbally told 4 individual 24/7 caregivers on her last wishes to remove her power of attorney that was neglectful and no longer wanted any power of her power and wanted to terminate her in a will. she is now in a coma from a severe stroke, has no brain function and these are irreverseable. power of attorney hasnt visited or spoke with this elderly lady in over 3 years. how can I carry out elderly ladies last wishes in changing power of attorney and protesting to will upon numberous verbal wishes to many people and her personal caregivers?
1 Answer from Attorneys
Re: verbal wishes on their will and power of attorney
A Power of Attorney is only valid until revoked or until a person passes away. It bestows powers to make decisions when the person granting the power is disabled. It is extinguished upon death.
Certainly, motions may be made to terminate the power of attorney. Proving that such statements were made may be difficult where the person granting the Power of Attorney could have revoked it at any time before the disability.
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