How do you petition for someone who is already power of attorney to be replaced? - AgingCare.com

How do you petition for someone who is already power of attorney to be replaced?

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If someone who was arrested for assault after they were deemed power attorney is abusing the elderly what is the process to having them replaced?

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Pam makes a good point.

Contact the Prosecutor's Office to find out who's handling the assault charge and make that attorney aware of the POA issues; he/she can also raise the issue at the preliminary hearing (if the case is just new) and you can raise it as well.
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Well if the judge is aware of the POA, he would immediately revoke it during the criminal proceeding. Usually the incapacitated person then becomes a Ward of the State. If you want to be Guardian, hire a lawyer.
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1. If it was your GF who executed the POA, and if he's still cognizant enough to understand what he might do legally, he can execute a new POA which would contain language rescinding the existing one. In that new document, he can name any proxy he chooses.

2. If he's not cognizant, and if there's no successor, you'll probably have to file at what would be a Probate Court level in Michigan. I don't know what that equivalent might be in your state, perhaps a "Surrogate Court." I'm also not familiar with NY laws, but others here are and can speak to this topic more accurately than I can.

3. I believe you'll need what's legally known as "standing" to petition the court. And you should be prepared to back up the charge of assault. Has this person assaulted your GF? Has he/she been adjudicated yet, or are the charges still pending?

4. Who would replace the existing proxy? Are you seeking to be appointed in place of the person with pending criminal charges?
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