QUESTION
Can my mother’s boyfriend transfer his power of attorney to my mother if they get married?
Asked on Apr 11th, 2014 on Entertainment Law - Michigan
More details to this question:
My mom is going to marry her boyfriend and his daughter has power of attorney of him. Can he change the power of attorney to my mother after they get married?
19 ANSWERS
Sorry this is not a patent law question.
Answered on Apr 14th, 2014 at 10:57 PM
Your question sounds backwards. He granted a POA to his daughter. As long as he is legally competent, he can revoke it and appoint someone else.
Answered on Apr 14th, 2014 at 5:16 AM
Estate Planning Attorney serving Baton Rouge, LA
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The Stutes Law Group LLC
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Any power of attorney (also called a mandate under Louisiana law) can be revoked at any time by the person granting it. A new power can then be granted.
Answered on Apr 14th, 2014 at 5:15 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Yes. Contact an attorney.
Answered on Apr 11th, 2014 at 6:39 PM
2 Awards
He can change it at any time as long as he has the requisite competency to do so.
Answered on Apr 11th, 2014 at 4:28 PM
Thomas Edward Gates
He can change his power of attorney at any time he wishes. He could do so even if they were not getting married.
Answered on Apr 11th, 2014 at 4:28 PM
Susan Marie Basko
If the man is considered competent, he should be able to revoke the power of attorney in his daughter and make a new power of attorney in your mother, if he wants to. It will be a formal process and should be done properly so there are no questions about the status. It is a good idea to have a lawyer help with this.
Answered on Apr 11th, 2014 at 4:27 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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He can change his power of attorney to anyone he wants whether they get married or not.
Answered on Apr 11th, 2014 at 4:26 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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As long as he has capacity to do so, the answer would be yes. He should do this through an attorney, so his wishes can be protected. Additional estate planning would be needed for both of them, in light of the wedding.
Answered on Apr 11th, 2014 at 4:25 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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The principal can change the agent under a power of attorney at any time. Your mother's boyfriend does not have to wait until they are married. Creating a new Power of Attorney acts to supercede an old Power of Attorney. He can also end a power of attorney by destroying the original document. He should notify the old agent of the change, not because it is required for the new Power to take effect but so the old agent cannot claim acting without knowledge of the change.
Answered on Apr 11th, 2014 at 4:25 PM
Appellate Litigation Attorney serving Boston, MA
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Banner & Witcoff, Ltd.
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Typically any new Power of Attorney form executed by a person includes language such that "all previous powers of attorney are hereby revoked." So the answer should be, Yes.
Answered on Apr 11th, 2014 at 4:25 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Yes. He will have to revoke the old POA and sign a new one.
Answered on Apr 11th, 2014 at 4:22 PM
2 Awards
He can if he wants to and has the legal capacity to do so.
Answered on Apr 11th, 2014 at 12:01 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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He gave a power of attorney to his daughter. He can revoke it at any time, and he can make a new power of attorney at any time, in favor of whomever he chooses.
Answered on Apr 11th, 2014 at 12:00 PM
3 Awards
He can change his power of attorney at any time so long as he has the necessary mental capacity.
Answered on Apr 11th, 2014 at 11:56 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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As long as he is competent, yes he can.
Answered on Apr 11th, 2014 at 11:52 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Boyfriend can revoke or amend any existing POA at any time designating a new person.
Answered on Apr 11th, 2014 at 11:52 AM
He can do that even if they don't get married.
Answered on Apr 11th, 2014 at 11:51 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Yes, of course. Revoking his daughter's POA involves giving a revocation to everybody (banks, brokerages) who has a copy of the POA.
Answered on Apr 11th, 2014 at 11:51 AM