Can you override a power of attorney by filling out a new one?

I've prepared hundreds of Durable Powers of Attorney over the years. They always include a section revoking any prior power of attorney signed by the signer, e.g., "I revoke all prior General Powers of Attorney that I may have executed." As mentioned above, the signer must be legally competent to sign the document for it to be effective.

Thank you for that clarification, Gabriel.

My husband had Lewy Body Dementia, which is characterized by great fluctuations in cognitive and other abilities. I explained this my lawyer, who was bringing papers to our home for my husband to sign. She said if he was having a "bad day" and couldn't understand the papers she would simply come again.

As it happened, the first time she came out he was having a good day, and understood the concept of having someone else authorized to act on his behalf, and was able to discuss his health care directive coherently and in some detail. He had a diagnosis of dementia, but he was still capable of understanding the Power of Attorney document and the Health Care Directive, and his signature on them was perfectly legal.

Dementia DOES NOT MEAN YOU CANNOT CHANGE YOUR POA. My dad had moderate dementia when he changed his. He was lucid enough to know exactly that he wanted my brother removed and indeed did that. Unless he is declared incompetent by a judge in orphans court, he still can have enough wits about him to change both is will and his POA.

As long as the person is mentally capable to do so, Yes you can!

Dementia does not automatically prevent one from creating or changing POA.

dimple54, when you say that your adopted brother is the guardian, how did that come about? A guardian is appointed by a court. It is a Big Deal. It is not done in secret. You and/or your other brother could have objected at the time. Did you? Is your adopted brother really the legal guardian? How do you know? How long ago did this happen? (I'm only referring to him as your adopted brother because you made a point of it. Adopted vs biological will not mean zip to a court in this matter.)

What is this money-hungry son spending Mom's money on? If you have evidence that he is fraudulently spending his Mom's money on anything but her own needs, you have grounds for questioning his guardianship in court. If you have called APS several times and they find no cause to intervene, I wonder what evidence you have. Apparently your idea of "filthy" must not be serious in their eyes. Why was a nurse visiting the home? Why did that stop? Is the girlfriend doing caregiving? My mother had a weekly nurse visit, but that stopped when she lived with my sister, as my sister could perform those services for her.

How often do you visit Mom? How is she doing?

As I understand it, even if you could get your brother's guardianship overturned, the court would not necessarily appoint another family member in that role. A professional might be appointed, and it is possible that Mom would be placed in a care center.

Your other brother does not want the stress of guardianship, if he could get it. You do not have the funds to try to go after it.

How about visiting Mom frequently, maybe cleaning up a little of the filth, and trying to make her life the best that it can be for whatever time she has left?

Ash, talk to the Social Worker at the nursing home and ask them to investigate Grandpa's finances. In a case like this the authorities need to step in , this is financial abuse of an elder.

Grandpa30, your lawyer is probably doing the right thing to ensure you are competent before you make a major decision like this. You are always free to go to another lawyer (bring your original POA with). But all lawyers are bound by law to make sure you are competent before assisting you in this major change. However lawyers are also bound by law to represent you, the client, and not other family members (who may have been whispering into the lawyer's ear). If you feel you are being abused, either by the current POA or any lawyer you ask to help you, contact your local Adult Protective Services -- there is no charge to you, for their services to investigate what is going on. Best wishes.

I am going to have to disagree with jeannegibbs, having dementis does make one incompetent so it would prevent them from changing a poa

My grandpa has been in a nursing home for almost a year. He appointed my uncle as a power of attorney 6 months ago, he has been abusing his power and has not been visiting my grandpa, sharing medical information with him, spent all his insurance money from the halloween flood and refuses to pay his insurance to keep it active to be covered towards his bill in the nursing home.My grandpa wants to put me as the power of attorney but we need a document stating that he has a right to override the previous poa?? is that necessary?