Posted on July 23, 2010.
How can you transfer power after neutralization? When someone is incapactiated, how power is transferred to his spouse, if any arrangements have been made?
A proxy may not be transferred. If the person is no longer mentally competent to sign a new POA, then a guardianship is necessary.
I assume you mean mental incapacity for. If you have a power "power of attorney, the power remains with the person named as you have given them the power until you withdraw or die. But if it is a regular power of attorney, the power ceases when the donor becomes mentally incapable. FYI: disability can also mean outside the country or physically unable to sign documents for a number of reasons. These reasons for failure are not the same as being unconscious or mentally ill.