If a POA was drawn up 10 years ago, but only filed after the individual was declared incompotent, 8 Months , is the POA valid?

Generally, there is no expiration date for a power of attorney, unless otherwise stated in the document or by your state's law. As long as the power of attorney states that it will continue to be effective in the event of incapacity, it should still be valid. Try using it. An institution may say it's too old. If you have problems using it, you should check with a local estate planning attorney. Good luck. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

Generally a Power of Attorney (“POA”) is valid even after a major life event similar to incapacity issues like Alzheimer’s or dementia. That why many POA are referred to as durable POA’s. The POA will be effective until the person death when it immediately terminates. If anyone refuses to accept the powers granted to the attorney-in-fact by the principle, the attorney-in-fact or principle should see an estate planning attorney for immediate resolution. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you! My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies. Dan W. Armstrong, Attorney Law Offices of Dan W. Armstrong, P.A. 822 A1A North, Suite 303 Ponte Vedra Beach, FL 32082 (O) 904.280.0058, (F) 904.280.0109 http://www.danarmstrong.com