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LuluHewitt Asked February 2025

If I have my parents' POA and health proxy in my possession, can they revoke it?

I haven’t seen them in six months when they literally blew up on me and my husband (ironically, the ones that do everything for them). I went to therapy and got a great deal of support and advice from you all. Mom is now in the hospital after suffering a pretty bad fall. Dad is definitely suffering from dementia. I am concerned about both of their care if I can’t step in. Thank you again!

CaringWifeAZ Feb 2025
They can revoke POA and health proxy if they are of sound mind and body.
If they have previously assigned you as their healthcare proxy and POA, that means they trusted you would have their best interests at heart.

I'm curious - why do you think they will revoke it?
If they have reason, then it might be time for more therapy and soul-searching.

Taarna Feb 2025
If both of your parents are declared mentally incompetent, then you use the POA. If they are mentally incompetent, seems that they are not mentally competent enough to "fire" you.

If your parents are deemed mentally competent by their doctors, then they can choose to revoke your POAs. I would probably talk to their doctors before your parents try this maneuver.

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Patathome01 Feb 2025
Yes, then can revoke. If your parents are unable to get to a lawyer’s office for an appointment I wonder if a lawyer can come to their residence, instead.

Hope it works out for your POA.

Llamalover47 Feb 2025
LuluHewitt: The principal would have to be of sound mind to revoke POA.

MACinCT Feb 2025
The will need to be cogniscent enough to get to a lawyer. The lawyerwill make the determination. However I doubt that they would even think about making an appointment
Igloocar Feb 2025
Lawyers usually come to your home in this situation (but you still need an appointment!).
JoAnn29 Feb 2025
My Moms POA assigned to me, reads "this POA revokes all others". Ivwould hope that if they revoked them, the lawyer would have informed you.

You know Mom should not be released to home if she is going to need any care. This may be time to discuss assisted living with Mom.

Fawnby Feb 2025
In my state, it’s necessary to have a formal revocation notarized. Then the person revoking the POA must notify their former POA that it’s been revoked. Without notification, it’s not revoked.

AlvaDeer Feb 2025
A competent person can, yes, withdraw a POA. LEGALLY competent.
If you wish to prove one or both of your parents INCOMPETENT legally that is an action you need to take to enforce your POA, and it will require whatever is written in your POA to do. Usually the stipulation is the agreement of two MDs (one almost always a Neuro-Psyc specialist) that your parents are no longer competent to make their own legal and financial choices, and require their POA to act for them. At that point your POA cannot be withdrawn by your parents.

This hospitalization is an excellent time to at once request a Social Worker and discuss your parents and your current situation.
Good luck.

Geaton777 Feb 2025
Yes, they can revoke it. You being in possession of any paperwork means nothing. If they don't have a medical diagnosis of sufficient impairment (meaning they have legal cognitive capacity and know what they're doing and understand the consequences) then they can go to an attorney and revoke it with a document. They'd each have to do this. Your PoA isn't active for either of them if they don't have an official medical diagnosis that triggers the authority.

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