Estate Planning
Power of Attorney
Ohio
Can a Power of Attorney be revoked if the person who granted it is now capable of making decisions?
Can a Power of Attorney be revoked if the person who granted it is now capable of making decisions? I have been granted Power of Attorney for my elderly mother who was deemed mentally incapable of making decisions due to dementia. However, her condition has improved significantly, and she is now able to make decisions on her own. I want to know if it is possible to revoke the Power of Attorney and return decision-making authority to her.
Answers from 1 Lawyer
Answer
Estate Planning
Ohio
Michelle M.
ContractsCounsel verified
September 27, 2023
A power of attorney does not take away the decision-making authority of the principal. It appoints someone to act on behalf of the principal as provided in the document, but not to the exclusion of the person granting the power. If your mother granted power of attorney to you it allows you to act on her behalf, but she can also still act on her own. If she wants to revoke the power of attorney she can do so at any time, but given her diagnosis that may not be wise. It's likely the document will be needed again at some point in the future. The only proceeding that removes decision-making ability is a guardianship, which is done in the Probate Court (this is different than a power of attorney). Hope that helps!
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