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Jessica
Consultant
ToLawyer, Expert
Welcome and thank you for choosing Just Answer! My name is***** am a lawyer in Canada and would be happy to assist you. I am sorry to hear about your legal troubles.
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ToLawyer, Expert
Good evening.
The lawyer at the time of drafting the PoA should have checked for their capacity. Now this is obviously not a medical test, but if the lawyer is satisfied that they are capable of making decisions on their own, it is likely going to be valid.
Your PoA will be effective if a medical professional deems them to be incapacitated. An incapacitated individual also cannot be a PoA for another incapacitated individual.
ToLawyer, Expert
Hi there, I cannot see Debra's response right at this time, the website seems to be glitching. Can you copy and paste her answer?
ToLawyer, Expert
Ok, what Debra stated is correct. You will need to have their capacity tested prior to taking over as a PoA.
ToLawyer, Expert
You are already taking all the right steps.
Good luck!