Can an adult that is considered incompetent, sign Power of Attorney paperwork?
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Can an adult that is considered incompetent, sign Power of Attorney paperwork?
My mother was hit by drunk driver. She now has a brain injury and is like a 2 year old. If you ask her to sign her name she will. You can tell her to sign this piece of paper and it will change your name to Dumbo – and she will. My step-dad had my mother sign POA to him after her accident. She had no idea what she was signing. Now he won’t let her 4 kids from her first marriage, or anyone from that side of family, see her. The cops say that we can’t do anything. My mother would never give him full POA. He has taken advantage her condition. What can we do?
Asked on February 7, 2011 under Estate Planning, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You need to get a lawyer. The short answer is, an incompetent adult may *not* sign a power of attorney, and a power of attorney signed by an incompetent adult is void. However, proving that and getting the power voided can be complex, which is why you need a lawyer to represent and advise you. What you're going to want to do is to invalidate the POA; recover any distributions, payments, etc. he's made from her assets and invalidate any other legal documents he's signed on her behalf; and get someone other than the step father appointed as her legal guardian, since she will need one to make decisions if her status is as bad as you indicate. You do have recourse, but be prepared for what could be a messy fight and get an attorney to fight it for you. Good luck.
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