Overturning power of attorney
MY OLDER SISTER, RECENTLY WIDOWED, SIGNED A POWER OF ATTORNEY TO A NON BLOOD RELATIVE {UNADOPTED SON OF HUSBAND}
sISTER DIAGNOSED WITH DIMENTIA. HOW CAN I SEE COPY OF DOCUMENT AND DATE TO DETERMINE IF THIS WAS SIGNED WHEN SHE WAS INCOMPACITATD MENTALLY? HOLDER REFUSES.
1 Answer from Attorneys
Re: Overturning power of attorney
You have the right under Virginia law to insist on a disclosure of the actions of the attorney in fact (the person holding the power of attorney) unless the power of attorney expressly states otherwise.
See Va. Code Sec. 11-9.6 (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+11-9.6) and Va. Code Sec. 37.1-134.22 (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+37.1-134.22).
While this is not the most difficult legal process there is, you would do well to have the assistance of an attorney in this process.
Please understand that this is a general statement of the law in Virginia, and that the particular facts in any instance may change the anticipated result. This general legal information is not intended as specific legal advice for any particular situation.
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