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Once a parent is no longer competent, he or she cannot revoke the power of attorney. If the agent is acting improperly, family members can file a petition in court challenging the agent.

Because an incompetent person cannot revoke a POA, an incompetent principal also cannot name a new agent or create a new POA.

As part of her general powers, a medical agent under a durable power of attorney has the authority to restrict or deny visitors access to the principal.He may allow some visitors and refuse others as long as he does not violate his fiduciary duty to make all decisions based on the best interests of the principal.

If an agent abuses the authority granted by a power of attorney, they may face both civil and criminal consequences. As for civil consequences, an agent can be sued for fraudulent conversion of the principal's money and be forced to provide restitution to the principal.

If you're mentally competent and no longer wish to have someone appointed as your power of attorney, you can cancel it by submitting a formal revocation form, as well as notifying the individual and other relevant third parties, in writing. You may want to cancel your power of attorney for several reasons.

Misconception #1: You can sign a power of attorney if you are legally incompetent. Someone cannot appoint a power of attorney (or sign any legal document) if they are incapacitated.Contrary to popular belief, only a mentally competent individual can appoint a POA for themselves.

Generally speaking, power of attorney does not authorize the attorney-in-fact to limit siblings' access to their incapacitated parent. Power of attorney allows a trusted family member, friend, or professional (called an attorney-in-fact or agent) to handle financial matters for the person granting the power.