Estate Law Questions? Ask an Estate Lawyer.
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Is the grantor of the POA still legally competent?
Ok, then if the grantor is competent, he can revoke the existing POA at any time by delivering a written, signed, notarized statement to the holder of the POA stating that he is revoking the POA, effective immediately.
As for granting another POA, there is no limit on how many POAs a person can create. So he can create another one for someone else at any time he wants to.
f he were to grant an additional POA, would that new POA be granted access to financial records, bills, account passwords?
If the POA was a general durable financial POA, then yes. Until he revoked the other POA, there would be three people who could access his financial records.....him, POA holder 1 and POA holder 2.
so he needs to revoke the first POA, then have a new POA drawn up saying there will be co-POAs.
No. If he wants two people to have POAs for him then he doesn't revoke the first one. When you revoke something, it goes away and has no further power. So if he revokes the first POA and then grants you one, there will only be one POA because he is killing the first POA by revoking it.
Does he needs to be the person to serve her with the POA revocation or can I do it?
No, anyone can deliver the revocation to the other POA holder.
Once there is a new POA drawn up, will any information regarding his financials be available for me to access?
I am not sure where you are getting the Co-POA thing here...
Does the person want you to have a POA and the other person to still have a POA?
Ok, it isn't up to the other person. It is up to your father about whether he wants two people with a POA for him.
So does he want two people with POAs or just you?
Ok, then he doesn't need to revoke her POA. He just needs to have a new second one executed giving you a POA as well.
So just to be clear here... there will be two POAs.... "She" will have one on one POA paper and you will have a completely different one naming you to have a POA for him as well.
So 2 different POAs will exist giving you both the exact same rights to act on behalf of father..
If she refuses to give me access to his statements or calls in to question his mental capacity, legally what can I do?
Wherever the statements came from, you can go there and get copies. So if it is a bank, you take your POA down to the bank and request copies of his statements.
As long as he hasn't been declared legally incompetent by a judge or medically incompetent by a doctor, he is competent. She would have to file a formal petition for guardianship to have him declared legally incompetent by a judge and be appointed guardian if she wanted to try and block your POA.
You are very welcome. Glad to help any time..
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