82 year old Washington State female medically diagnosed as disabled with dementia in mid-2014.

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82 year old Washington State female medically diagnosed as disabled with dementia in mid-2014.

Anonymous May 1, 2015 Wills And Estates 2 views 3 answers

Previously established Durable Power Of Attorney prepared and signed by her when fully healthy. Now family members, besides the designated person in that document, have returned to the same attorney and obtained a new Power of Attorney with different provisions. How valid can it be if she has not been determined mentally/physically capable of caring for herself mostly for almost a year?

Mira Radadia · Answer 1 · 2026-06-15T14:27:45+00:00

Generally, if a person is not mentally competent at the time she executes a power of attorney, the document is invalid. It is possible to have certain mental conditions and still be mentally competent for varying periods of time. Consider talking to a local attorney to discuss the details of the situation.

Eric Nelsen · Answer 2 · 2026-06-15T14:27:45+00:00

The question is entirely whether she was competent to sign a new DPOA, and was not under any duress or undue influence. A person can be physically unable to care for herself but still be mentally competent, and I'm not positive from your question whether she simply has physical difficulty communicating, or if she is genuinely mentally impaired. If you are concerned about her being financially exploited, I would recommend consulting a lawyer as soon as possible, to determine what options you might have to protect her.

Wanda SmithOil / Gas AttorneyRichardson, TX · Answer 3 · 2026-06-15T14:27:45+00:00

In most cases, even when a person has been diagnosed with dementia, if that person has periods of lucidity, and they execute a document during that period, the document will be valid. If she is completely mentally incompetent, then the second power of attorney would not be valid. Given that the same attorney was involved in both documents, he or she would have likely been aware of the person's mental state and whether they had capacity to sign a new power of attorney.

82 year old Washington State female medically diagnosed as disabled with dementia in mid-2014.

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