poa power
Hello,
is it possible for a POA to stop an estate
attorney from having documents signed
by someone whose mental state is in
question?
Asked on 7/16/09, 10:11 pm
1 Answer from Attorneys
Richard Bryan
Richard Bryan Attorney PC
Re: poa power
Good darn question. An attorney-in-fact (the person who holds power of attorney on behalf of the principal) does not have the authority as you've presented. Lawyers are very sensitive to documenting a person's capacity to make a will if there is a hint that mental status is an issue. As PoA you probably have authority to hire a lawyer to intervene and at least question the other attorney as to how he or she has determined capacity. Who is questioning the person's mental state? Just you?
Thanks for the interesting question.
Good luck.
Rick Bryan
New York, NY
Answered on 7/17/09, 12:24 am
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