Legal Question in Elder Law in Pennsylvania

power of attorney and revocation of poa

I have an elderly Aunt who was placed in a nurcing and rehab center after she fell duruing the night and broke her collar bone and hip, which needed to be replaced. Several months ago she had given POA to the doughter of a friend of hers. She no longer trusts this person for various reasons and wanted to make me as her next of kin her POA and revoke the other POA. On the 18th of of this month she was interviewed by an attorney at the rehab center and he was satisfied that she was infact compitant to make her own desision as to who she wanted as POA. However the social serv. person from the center advised him thjat she had been declared incopetent by the facility Dr. and that her family Dr had stated that she had signs of dementia. That esentialy ended in her not getting what she had wanted to do. My question is . In spite of the fact that the woman can answer and question you as her as did the attny that day. Is the any way that the POA can be changed. I as her relative have ano access to any information on her from anyone. The woman is sharp as a tack if you let her get some sleep. And dont keep her in a wc in front of the nursing station all night as they do. She needs help and I need to help her but cant at this time


Asked on 9/20/08, 1:02 pm

2 Answers from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: power of attorney and revocation of poa

You did not say where your aunt is (Florida or Pennsylvania). If she is in Florida you can petition the court for a determination of competency and/or appointment of guardian.

You will need an attorney to help you with this process though. If you or your aunt can't afford counsel (is your aunt on medicaid?) you may qualify for assistance from Legal Aid or DCF.

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Answered on 9/20/08, 1:09 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: power of attorney and revocation of poa

As long as she is competent at the moment she decides to change the POA and signs the new one, then that is fine. She can be incompetent 23 hours out of the day, but is she is competent when she signs, that is all that is necessary.

Send the lawyer back for her to sign the paperwork. Make sure he takes notes so that he can testify to her competency.

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Answered on 9/20/08, 2:14 pm


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