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my brother has POA over my brother who is in a nursing home, dirty, no rehabiltation for his stroke, he told me that our brother is not treating him right and he wants me to help him. Can I get him to sign a new POA and will that make the original void? What can I do.

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Provided your brother has the mental capacity to designate a new POA, the new POA document will invalidate the old one, but as others say, you'll have to make sure all the banks and others are informed of the new POA.

In my experience, previous agents upset about being "dismissed" do sometimes challenge whether the principal (the person signing the POA document) had capacity to sign a new POA.

So if you think this new POA might be challenged, you might want to ask your brother's doctors to document that he wants to designate a new POA and they believe he has capacity to do so. (Technically they should ask him some questions to ensure he understands what he is signing and the consequences of signing.)

It is always best to do POAs with a lawyer but in most states not strictly necessary. If you see a lawyer for a POA, in principle it's part of his/her job to make sure your brother has capacity to sign the paperwork in question. In practice, lawyers often want a clinician's opinion on this matter, but really depends on the situation and the people involved.

Good luck!
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When I did this in Pennsylvania, I got a lawyer to make me two papers. The first stated that my brother was no longer the POA. The second was to make me the POA. I sent out both of the papers to the bank, the hospital, the rehab and all investments. Also my brother's name was on the checking/savings. The lawyer advised me to cancel the checking/savings (to get his name off). Then use the POA to open a new one with only the patient's name. But remember, this is a coup and your brother will not be happy, especially if he is mishandling the funds.
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POA's are often reassigned....if you are wary of doing it right, talk to a lawyer. Situations change and people change. Just get it done.
If your brother in the nursing home is competent, he really should just voice his own concerns and be his own advocate.
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If your one brother who is in the nursing home is competent, he can reassign whom he wants to act as his POA. Be sure to get a MPOA (medical power of attorney) too.
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why does he need a new poa,what is wrong with the old one
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Please note that other people are entitled to rely on the old POA unless they actually know that it has been revoked by the new one. Make sure that the nursing home, banks and whomever else might rely on the old one have a copy of the new one. Consider sending a copy to them by certified mail, return receipt requested with an SASE and letter acknowledging that your brother in the nursing home has a new agent.
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As long as your brother is competent he can sign a new POA appointing you or anyone he chooses. This new POA will state that any previous POA is negated.
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