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When all parties are in agreement (previous POA, new POA, and my elderly father) change POA without the elderly father's presence.

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NO you cannot. POA is granted by the person (Dad) and he signs the new POA in front of a notary. He must be present and cognizant.
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And BTW, a POA document itself wouldn't be changed; it would be rescinded, rendered null and void by language including in a new POA.

Another thought: not knowing what the assets involved are and what the POA would specifically be used for, have you considered asking your father about retitling his assets jointly so that you and/or the new proxy have access to the accounts for management w/o a POA?
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Bishop, if there are issues other than cognizance, there are ways to address a change. E.g., if it's too difficult for your father to get out in inclement weather, his attorney's office can make arrangements come to his house.

Good attorneys will do this. Ours came to the hospital when my sister was dying; another attorney I worked for came to the home of a woman who died the following day from lung cancer. The terms of the estate plan were discussed by phone, documents rapidly prepared, and neighbors witnessed the document execution.

Tell us what the specific issue of your father's presence is; there might be other solutions as well.
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Bishop, you profile lists dad as having age related decline, not dementia. If dad is competent and willing to change the POA then he can do it easily. Even if dad has been recently diagnosed with MCI or dementia does not mean he is incompetent to make the changes, he merely has to demonstrate to the lawyer or notary that he fully understands what he is doing.
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Duplicate question, and no, POA can only be assigned by the father. If he is not of sound mind any more (which I am assuming as you say he cannot be present for this process) then it's too late for POA assignment or changes. Please carefully read the current POA document, as most POA documents name a secondary POA in the case that the primary POA can no longer perform their duties.

Another option is that you could petition the court for guardianship. Guardianship is a more expansive role than POA, as it involves all of the care of your father from finances to health care to decisions about living arrangements (placement into a skilled nursing facility or memory care), the set up and monitoring of daily care (such as the hiring of caregivers), etc. It is an expensive and long process but is the only thing that can be done if POA was either not created, or the POA is not able to perform duties any more (as in the case of illness or death). The guardian could be a family member (if the court believes the person is capable) or a third party appointed by the court.

Angel
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