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krnhersh Asked March 2011

Is it legal to take a sibling's name off of Power of Attorney without telling or notifying them?

does this make the new POA legal and therefore allowed exclude that person from all info and care, and to change the locks and refuse to allow sib. into mons house?
to tell all employees in mom s building not to allow me to get a key or entrance? een if this house was where we grew up in and where i had been caring for my mom for over 10 years?
mom did not know that i was no longer on her POA, she wants me to be included-however, that doesnt seem to matter-
what am i legally allowed to do about this?
can this be done? without my knowledge?and prevent me from going into the house-even though i have clothes, and other things in the house-my mom has had that apt for over 50 years-
thank you for any answer or help or advise u can give --
karen

15 Answers

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jabaxter50 Mar 2011
When was the POA produced? POA's which have been completed through the Office of the Public Guardian can only be changed if the original POA is revoked through a Deed of Revocation and a new one produced. Check out their website for details.
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palmtrees1 Mar 2011
Anyone can change their POA. However, they must notify the old "agent" by certified letter, as well as all financial institutiions, nursing homes, etc. If the former agent (you) was not notified you are still able to act as the primary agent until you receive notification. Also, you Mom must be competent. And a financial POA doesn't allow someone to "change the locks" and keep you away. This is just bullying. Go to an elder attorney to get this all straightened out before your Mom's assets are gone. Good luck
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careshare Mar 2011
Luv, Ed was talking about the person who is now the POA not the elderly parent.
I didn't know that someone had to be notified when their POA changed. Maybe it varies from state to state? I'm not sure.
If she wants you as her POA then how has this been changed without her knowledge? Was she deemed incompetent? It sounds like this can be straightened out, but that you better do it quick.
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anonymous14017 Mar 2011
Hey Ed, good to see ya.

I really don't see how it this particular point could vary from state to state.

A POA is a legally binding position, to take someone off of one and not notify them would lead that person to unknowingly commit crimes by performing actions that they legitimately believed they had a legal obligation to, but actually do not have a right to do.
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anonymous101100 Mar 2011
An episode sounds like what my special ed students have when they have a meltdown in school. Please, take a deep breath and have patience before typing such anger. If you are implying my Mom was a backstabber, you are wrong. Many elderly people change their POA as they age and see who really is there for them. If alzheimers was a key in this decision, her disease may have started before anyone realized. The way I see it, my parent can do whatever she wants to do, its her decision, and hers only, and if someone gets upset over it, they are probably worried about losing control and money. No one owes us an explanation or an inheritence.
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Eddie Mar 2011
TED:

Way to go homey! Still, rules do vary from state to state.

The way I see it, removing someone when their backs are turned is kind of underhanded and grimy, isn't it? In my experience, this is usually done when the other self-serving, backstabbing, sucker-punching, and often cowardly individual dreads the thought of having to face you.

Well, let me get off this forum for now. I'm having an "episode."

-- ED
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anonymous101100 Mar 2011
Does this depend on the state you live in does anyone know? My Mom changed her POA to me and my sister was never notified it was changed , my Mom told her in person only. I find this very interesting and now wonder...
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Want2danse Mar 2011
Most states don't require "activation" of a POA and your mother (or a judge if she were to have been declared incapacitated) is the only one who could have removed you. The lawyer would have been required to send letters to all parties involved. (Being declared incapacitated is a lengthy, expensive, involved process and having been a POA, you certainly would have been involved.)

You have rights too.

Best wishes,

Shelley
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anonymous40843 Mar 2011
We just had this done. Mom went to an attorney and revoked my sister but the lawyer sent a registered letter to my sister. My uncle who is now POA also contacted her as well. Your parent cannot be declared incompetent and by incompetent I mean having to go to court to get them declared incompetent.
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Nataly1 Mar 2011
State laws may vary. Many of the caregivers that I see thought they were the POA until they found out when they went to use it that it's been changed. I advise people to update it every 3 years to see if the current named individuals are still able, willing and capable of being on their POA,DPA and HCS. Relationships and situations change over time. Once again- you need to speak with a certified elder attorney!
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trudas Mar 2011
IF your POA is activated then you need to go through the court system to change the activated POA but if it is not activated then no one needs to notify anyone at least in Wisconsin
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anonymous14017 Mar 2011
Current POAs MUST be notified when they are removed, as I said, even if your mom changed it herself, but now claims she is unaware of the change, a Judge would most likely void the new one.

I suggest you continue to act as the responsible party until otherwise ordered, you do have a legal responsbility to do so under the POA.
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Nataly1 Mar 2011
I am not an attorney-As far as I know anyone at anytime can change their POA as log as they are deemed competent and no notification is necessary. Best advice...contact a certified elder attorney immediately who will guide you to how to proceed.
Good luck.
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anonymous14017 Mar 2011
No. You cannot be removed from the POA without notification. If your mom is unaware it happened, the change is not valid.

Contact your local Adult Protective Services office through Social Services immediately.
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trudas Mar 2011
There is more to this question. Is the POA activated? Did a doctor or lawyer officially activate it?
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