This seems like a very simple question, but actually has several parts. If the person executing the Power of Attorney is still competent, without any abuse by the Attorney-in-Fact, then it can be as simple as getting a new Power of Attorney (Healthcare or Financial) executed. However, if the person executign the Power of Attorney is no longer competent, then in such an event, it may be necessary to seek a court supervised conservatorship.
There is also the issue of abuse of the Power of Attorney. If the Attorney-in-Fact has taken some steps that are against the wishes of the principal, then in such an event, it may be necessary to have a Revocation of Power of Attorney prepared and recorded.
This answer is for general informational purposes only and is not intended to constitute legal advice or a recommended course of action in any given situation. This answer is not intended to be, and should not be, relied upon by the recipient in making decisions of a legal nature with respect to the issues discussed herein. The recipient is encouraged to consult independent counsel before making any decisions or taking any action concerning the matters in this answer. This answer does not create an attorney-client relationship between the author (John R. LaBar)/Henry, McCord, Bean, Miller, Gabriel & LaBar, P.L.L.C. and the recipient.
Answered on Sep 19th, 2013 at 9:12 AM