Can a power of attorney have short term memory loss and still have POA?

1 answer | Last updated: Oct 19, 2016
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Can a power of attorney have short term memory loss and still be power of attorney?


Expert Answers

Steve Weisman hosts the nationally syndicated radio show A Touch of Grey, heard on more than 50 stations, including WABC in New York City and KRLA in Los Angeles. He is a practicing lawyer specializing in estate planning and is admitted to practice before the United States Supreme Court. He's a public speaker and commentator who has appeared on many radio and television shows throughout the country, and he's the legal editor of Talkers magazine, the preeminent trade publication of talk radio. His latest book is The Truth About Avoiding Scams.

If your question is asking if the person who is acting as the agent under a Durable Power of Attorney even if they have short term memory loss, you would first look to the document itself to see if it had any limitations on acting as agent. If there is nothing in the Durable Power of Attorney that deals with this matter the issue would be whether or not the agent is still able to effectively act on behalf of the person making the Durable Power of Attorney even though the agent has a short term memory loss.