Q: How can durable power of attorney be revoked form an incompetent person? My sister and I have durable co- POA for my mother who is incompetent. Now my sister is suffering from dementia. We have one other sibling.

A: Do you mean how does an incompetent person revoke their POA? An incompetent person has insufficient competency to revoke their own POA. Read the POA carefully or have a lawyer review it for you. The POA either requires both of you to act together as co-agents or allows you to act independently of each other. So, if it allows you to act independently of each other and your sister develops dementia, you can act for mom and you don’t need your sister. If the POA requires you to act together, you have a problem. Since mom is incompetent, she cannot sign a new POA and you will need to file for a Guardianship through an attorney. It would be well worth the consultation fee to have a lawyer look at the POA. If you are co-agents with your sister, perhaps a motion in Orphan’s Court to remove your sister as agent due to her being incompetent, if that is the case, may work. A closer look at the facts will be necessary before advice can be given.

If you feel like this issue relates to you, or a problem that you are experiencing, please contact me so that we can discuss your situation.