Legal Question in Family Law in Pennsylvania
Revocation of DPOA
I was granted DPOA for my father back in 2004, my father has been deemed incompetent after suffering a stroke and I was told by my sister that my DPOA has been revoked. I howvwer was never notified via certified mail or any other way. Since my father went back into the NH I have been called by them and the hospital were he is now and asked permission to do all testing. Since I was never notified by anyone that my DPOA wazs no longer valid, does that me that it is still in effect????
1 Answer from Attorneys
Re: Revocation of DPOA
Your POA may have been revoked, but unless someone steps up and demonstrates greater authority then it remains in place. Your father couldn't revoke the DPOA as he is not competent. Only somebody standing in his place either through power of attorney or ad litem can grant such power or revoke the DPOA.
Unless someone steps forward with either 1) a revocation of power, or 2) a grant of POA exceeding yours then you should continue to act in that position.
My only actual advice here is to seek an attorney who is knowledgeable about Elder Law to work with you to make certain your father and his assets are properly cared for.
This is an area I am interested in and I'd be willing to discuss your needs. Speak with your sister about why she believes your DPOA has been revoked and what she knows about who is youyr father's guardian. You need proof and can't just take her word for it.
Contact me, or another attorney, if you'd like to discuss this further.
Roger Traversa
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