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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 36985
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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If someone has power of attorney, can the POA be changed if

Customer Question

If someone has power of attorney, can the POA be changed if suspect elder abuse?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Is the grantor of the POA still legally competent?

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thanks

Barrister

Customer: replied 1 year ago.
Customer: replied 1 year ago.
he is 82
Expert:  Barrister replied 1 year ago.

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.

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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.

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thanks

Barrister

Customer: replied 1 year ago.
If he were to grant an additional POA, would that new POA be granted access to financial records, bills, account passwords? My fear is that the current POA (family member) is using and taking his money. Unfortunately he lives with this person, so I dont see what happens.
Expert:  Barrister replied 1 year ago.

f he were to grant an additional POA, would that new POA be granted access to financial records, bills, account passwords?

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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.

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thanks

Barrister

Customer: replied 1 year ago.
he needs to revoke the first POA, then have a new POA drawn up saying there will be co-POAs.
Does he needs to be the person to serve her with the POA revocation or can I do it?
Once there is a new POA drawn up, will any information regarding his financials be available for me to access?
Expert:  Barrister replied 1 year ago.

so he needs to revoke the first POA, then have a new POA drawn up saying there will be co-POAs.

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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.

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Does he needs to be the person to serve her with the POA revocation or can I do it?

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No, anyone can deliver the revocation to the other POA holder.

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Once there is a new POA drawn up, will any information regarding his financials be available for me to access?

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Yes.

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thanks

Barrister

Customer: replied 1 year ago.
get the new POA listing two co-POAs and I can deliver the new POA paperwork to the existing POA (my relative) and then I should be able to legally request financial statements? correct?
Expert:  Barrister replied 1 year ago.

I am not sure where you are getting the Co-POA thing here...

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Does the person want you to have a POA and the other person to still have a POA?

Customer: replied 1 year ago.
They most likely do not want me to be an additional POA because I will find out if they are stealing from my father.The other person has an existing POA naming only them.
Expert:  Barrister replied 1 year ago.

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.

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So does he want two people with POAs or just you?

Customer: replied 1 year ago.
his vote will probably be co-POAs because I think he is scared to make her angry. We are already co-executors of his will for whatever that is worth.
Expert:  Barrister replied 1 year ago.

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.

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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.

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So 2 different POAs will exist giving you both the exact same rights to act on behalf of father..

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thanks

Barrister

Customer: replied 1 year ago.
That is correct. I want to be named a POA, probably best not to revoke hers.
If she refuses to give me access to his statements or calls in to question his mental capacity, legally what can I do?
Expert:  Barrister replied 1 year ago.

If she refuses to give me access to his statements or calls in to question his mental capacity, legally what can I do?

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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.

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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.

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thanks

Barrister

Customer: replied 1 year ago.
thanks good stuff! I appreciate all your help Barrister
Expert:  Barrister replied 1 year ago.

You are very welcome. Glad to help any time..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister