Competency For Power Of Attorney???
Q: What is the level of competency required for a person to execute a power of attorney? Would an 80-something year old three weeks after a stroke be considered competent enough to execute a PoA? How do attorneys-at-law determine if a person is competent enough to execute a legal document?
A: A reasonably usable definition from the 'Lectric Law Library: "...whether you have an understanding of the subject area covered by the Power of Attorney, whether you understand the implications and importance of the matters involved, and whether you can make and communicate reasoned choices." An 80-year-old person recovering from a stroke might well be competent to sign a power of attorney. It depends very much on his or her condition, especially as it's perceived by physicians and other witnesses. If he or she is lucid and clearly comprehends what is going on, he or she is likely to be competent. There is also the possibility of undue influence. Even an otherwise competent person might be so much under the control of another that his or her actions cannot really be said to be his or her own. Some states, such as Florida, have well-developed undue-influence law.