QUESTION
Is it possible to have my husband’s power of attorney changed?
Asked on Jan 06th, 2014 on Estate Planning - Delaware
More details to this question:
He has dementia now and his son has been doing illegal things to us using our land for his advantage and it amounts to hundreds of thousands of dollars.
21 ANSWERS
It might be abuse of discretion, under a power of attorney the person is to act in the best interest of the person. If you think he is doing illegal things contact the local police dept. and make a report to the adult abuse dept.
Answered on Jan 15th, 2014 at 6:15 AM
Edwin K. Niles
You should have a talk with a wills, trusts and estates lawyer ASAP.
Answered on Jan 08th, 2014 at 5:21 PM
3 Awards
Yes, but it needs to be done through the court system in a guardianship proceeding in Nevada. I urge you to consult with an attorney on the specifics.
Answered on Jan 08th, 2014 at 5:20 PM
The power of attorney can not be changed except by the principal,which your husband can not do. Your only recourse now is through the courts. You should consult an estate planning/probate attorney to review all facts and documents and advise you.
Answered on Jan 08th, 2014 at 5:17 PM
No, you cannot change the existing Power of Attorney. However, you can bring an action to prevent the actions that may be wrongful. Consult with an attorney specializing in Power of Attorney litigation.
Answered on Jan 08th, 2014 at 5:16 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If your husband is no longer contractually capable the remedy is an attorney and court, and an action against your son for breach of fiduciary duty.
Answered on Jan 08th, 2014 at 5:14 PM
Only your husband can change his designated POA. In many cases, a POA ends when a person, such as your husband, is no longer competent. You can also apply to the local probate court and request to be named his conservator which would transfer all financial responsibility to you or someone you designate. This would supercede the POA.
Answered on Jan 08th, 2014 at 5:10 PM
If a person is incompetent he cannot revoke a POA, nor can he create new documents.
Answered on Jan 08th, 2014 at 5:06 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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I doubt the Power of Attorney authorizes him to do "illegal things". You don't need the POA changed, you need to get him to stop doing illegal things. Only the principal can grant or revoke a POA, and if your husband has dementia, he may not be able to do that.
Answered on Jan 08th, 2014 at 5:04 PM
Yes, and the law protects the elderly from financial abuse. Call an attorney immediately and get it stopped.
Answered on Jan 08th, 2014 at 5:02 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You could ask the court to appoint you or someone else as guardian and the guardian could terminate the power of attorney.
Answered on Jan 08th, 2014 at 5:00 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Sue him. Get a lawyer now the longer the abuse of the POA goes on, the slimmer your chance of ever recovering anything.
Answered on Jan 08th, 2014 at 4:57 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Yes, obtain the assistance of probate/conservatorship counsel, to have you named as conservator with the power to revoke the power of attorney; be sure the attorney knows conservatorship process.
Answered on Jan 08th, 2014 at 2:22 PM
General Practice Attorney serving Canton, MI
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James F. Malinowski
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Once a person has gotten to the point that they no longer have the mental capacity to create a Power of Attorney, they no longer have the capacity to change their Power of Attorney. If the son, as Power of Attorney, is misusing his authority, it may be wise to seek the appointment of a Conservator for his assets.
Answered on Jan 08th, 2014 at 2:16 PM
2 Awards
It is not possible to change the POA if your husband lack legal capacity. You can and SHOULD get a conservator-ship. Contact an attorney ASAP before more money is gone.
Answered on Jan 08th, 2014 at 2:15 PM
You cannot change anyone else's power of attorney. However, you can go to court and get a guardianship established and let the judge know what is happening so the son can no longer use the POA.
Answered on Jan 08th, 2014 at 2:14 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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With your husband having dementia, he cannot change the power of attorney. However, for Missouri, contact an attorney for a guardianship and conservator-ship over your husband. The probate court can void the power of attorney and the conservator can go after the son for his misdeeds.
Answered on Jan 08th, 2014 at 2:13 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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You didn't say whether or not the son was designated as the "attorney-in-fact" under the power of attorney. The attorney in fact is the person to whom the power was given. Does the Power of Attorney document specify a procedure to permit a successor to assume control? You need to read through the document and see what it says. At this point you will need to retain counsel to assist you with this as you may have to begin a court proceeding to protect your assets from your son.
Answered on Jan 08th, 2014 at 2:12 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If the principal has dementia and no longer has capacity the Power of attorney cannot be changed. The agent appointed under the POA is under a fiduciary duty of loyalty and care. If the acts of the agent is costing the principal significant sums the agent may be liable for waste and malfeasance. It is also possible to establish a guardianship that could rest control of the assets of the principal from the agent.
Answered on Jan 08th, 2014 at 2:11 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I am very sorry for your situation. Whether the POA can be changed or not depends on the level of capacity that your husband has. If he lacks capacity, then your only recourse would be to go to court and seek damages for breach of fiduciary duty. That would mean suing the son, which is not a pleasant prospect. You will want to run everything by a lawyer, before even thinking about going forward.
Answered on Jan 08th, 2014 at 1:00 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Only he can change the power of attorney and if he has dementia he is not competent to do that unless you can get a doctor's certification that he is capable of changing it. An alternative you have is to file for guardianship and indicate why you are not using the power of attorney.
Answered on Jan 08th, 2014 at 12:59 PM