Legal Question in Elder Law in Pennsylvania

Incapacitation - Power of Attorney

Can Power of Attorney be obtained forceably on a family member by a family member based on grounds of incapacitation/incompetence? I say ''forceably'' assuming the family member that is deemed incapacitated does not want to acquiesce to granting another family member Power of Attorney.


Asked on 2/06/02, 2:16 pm

2 Answers from Attorneys
Thomas DeCaro DeCaro & Howell PC

Re: Incapacitation - Power of Attorney

Absolutely not. In fact, an incompetent person

is not legally permitted to sign a power of

attorney.

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Answered on 2/06/02, 2:28 pm
Brandon Barnett Brandon J. Barnett Attorney At Law

Re: Incapacitation - Power of Attorney

Agreed, however sometimes it takes litigation to prove the incapcitation of the person who signed the POA, this is not a simple matter. You will need witnesses and possibly a physician who may have examined the family member before the POA to testify that he was not competent.

Brandon Barnett

412-916-1677

www.youresquire.net

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Answered on 2/12/02, 11:57 pm


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