Legal Question in Family Law in Virginia
General Power of Attorney
Can a mother who suffers from dementia, but has not been declared incompetent, after giving POA to one sibling, be assisted by another sibling in matters of banking, money management, etc. if this assistance is in the best interest of the mother, &/or is the non-POA sibling crossing a legal boundery in so doing? Can mother also still make decisions about her own money such as making a gift of money to someone without having to go through her POA?
1 Answer from Attorneys
Re: General Power of Attorney
It would seem that if the mother wants someone other than the one to whom she has given the general POA to deal with the matters described, if she's sufficiently competent to do so, the mother should simply withdraw the POA and allow the other sibling(s) to assist her with these matters.