How does my mom fire her current power of attorney?

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Generally, the principal (the person giving power of attorney to someone else) has the right to revoke the POA at any time. That is presuming the principal still has decision-making capacity. There may be language in the document about revocation, and it may also be addressed in state law. I believe the language in a POA document often specifies that it supersedes prior POAs. Now you aren't by law required to give POA to anyone so presumably you should be able to revoke a POA without completing a new one, but to find out how to do that, you might need to consult your state laws or an attorney.

The practical challenge is notifying all relevant parties that the POA has been revoked, because if the former agent brings in the old document, it might well be considered valid.

If your mother is ill or mentally impaired, then her capacity to revoke POA might be in question, and that complicates things further. It can be a good idea to ask a professional to confirm she has the needed capacity before making the change, especially if you think someone else in the family might contest the change.

I agree with everyone here that when possible, it's best to complete and revise POA documents with the help of a good attorney, preferably one with planning for potential incapacity and other aging issues.
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Reply to drkernisan
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I agree with Moecam... there are some things you should never go cheap on, and protecting your investments, money, and home are one of them. Hire a lawyer.
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Reply to TekkieChikk
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Have an elder law attorney draw up a new POA document, which in turn the lawyer will notarize.
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Reply to Llamalover47
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I would not want two POAs. Too much room for conflict. I see this while I am in hospital witb my beloved Aunt who is dying. On my cell phone so please excuse poor typing. I am holding her left hand with my right hand.
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Reply to MaryKathleen
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Don't use a kit either from a store or online - a friend did something like this & left percentages not amounts but her math skills were bad so it all added up to 103% so nobody wanted less = HEADACHES - pay the lawyer to do it right
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Reply to moecam
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I am assuming since Mom wants to change POAs, there is a reason why sister isn't wanted anymore. I have always thought the one doing the caring should be POA. Go back to the lawyer that drew up the POA. He can make the change and maybe send notice to the sister that she is no longer POA. Please do not do an internet thing. That maybe ok for short term POA, like for a one time thing but not something like a LOs care. You want all the T's crossed and all the I's crossed. And yes, Mom needs to understand what is going on.
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Reply to JoAnn29
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I'm forgetting which document was involved with my dad, but the first attorney we had who left much to be desired we discovered too late, drew up a paper with a bad error that was caught quickly by another. There was no need to contact the former attorney but we had to pay to have the form re-done (for one sentence!), and I believe there was another item where it made clear that he was revoking the first.
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Reply to gdaughter
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You’ve gotten good advice here. If your mother is not of “sound mind” and things are happening that are to your mother’s detriment, it may become necessary to petition the court to intervene through a guardianship process. The details of this process may vary by jurisdiction, so an attorney or the area agency on aging would likely be the best place to start. Most good attorneys will give you an initial consultation for free. In the initial consultation they will explain what they can and cannot do for you and discuss cost/payment. Wishing you the best.
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Reply to MelissaPA2AZ
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fancyfree, I see that on your Profile that your Mom wants to remove your sister as Power of Attorney and appoint you. All Mom needs to do is talk with an "Elder Law Attorney" who will draw up a new document. Your Mom would need to be of clear mind, or if she does have some memory problems, make the appt during the time frame that Mom does the best.

It is usually best to have two people as Power of Attorney in case the primary person isn't able to do the work that is involved. Or make the two POA's equal status. If you and your sister are on the same page regarding Mom's care, that would work if you can get Mom to change her mind.

As Shakingdustoff above had mentioned update documents. Have Mom update her Will and have the Attorney do a Medical Directive which will give you a blueprint of how Mom wants her final care. I was so glad my parents had that document, no guessing.

Curious, what is the reason your Mom wants to make the change?
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Reply to freqflyer
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