my dad had a stroke on 01/16/2009 he was in the hospital about two weeks.then he went to a nursing home.on the 03/10/2009 his wife and a attorney come in with a poa for him to sign when he was incapacitated with dementia
If you dad did not have capacity, the power of attorney form is not valid.
Whether you dad had capacity is a question of fact. You should be aware that it is common for a person to have periods of competency and then at other times not be aware of the surroundings.
To dispute the validity of the power of attorney, you should consult with attorney to find out what options are available to you.
I agree with Attorney Hansen that many people have lucid periods even when they are suffering with dementia. I would also add that you may have a statute of limitations issue if you want to contest a POA that you knew about when it was signed in 2009 at a time that you knew (or believed) that your father lacked capacity. Best of luck
Please note: The above is for general information purposes only. It is not intended to establish and does not establish any attorney-client relationship.
A stroke, in and of itself, does not render a person incompetent to execute a POA. Neither does a medical diagnosis of dementia. The question is whether your father had the requisite legal capacity to understand the nature and consequences of signing a POA at the time of execution. It is called the "lucid moment" and courts have held that evidence of his mental state prior to and following the execution is irrelevant. To challenge the validity of the POA you will need to prove that he lacked legal capacity. Only if you meet your burden of proof do they have to prove capacity. As an alternative action you could file for a guardianship/conservatorship over your father.
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