Can a Mentally Incompetent Person Change a Power of Attorney?
The principal must have mental capacity to make or revoke the power of attorney at the time of signing. Legal capacity generally means to have an understanding of the nature of the action and its consequences. When a person is incapacitated, she is unable to sign a will, codicil to a will, power of attorney, or a revocation of the same. We suggest discussing his mental capacity to sign a contract with his physician.