Legal Question in Elder Law in New York

can a court revoke a power of attorney? can someone contest a poa? Under what circumstances might this occur. What if principal is incapacitated and tries to revoke poa?


Asked on 1/08/14, 7:08 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Good questions. This happens more frequently than might be imagined, meaning the principal becomes a bit mentally unsound and revokes a Power of Attorney. Or creates a new one, for example. Unfortunately the only solution is to go to court in a guardianship proceeding, and ask the court to issue an order nullifying the Power of Attorney and appointing a guardian. Sometimes the agent acting under a Power of Attorney abuses their authority, in which case the court will invalidate the PoA and appoint a guardian. Other scenarios are possible and common.

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Answered on 1/22/14, 7:13 am


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