Can my mother’s boyfriend transfer his power of attorney to my mother if they get married? 25 Answers as of April 14, 2014

My mom is going to marry her boyfriend and his daughter has power of attorney of him. Can he change the power of attorney to my mother after they get married?

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Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
Sorry this is not a patent law question.
Answer Applies to: Oregon
Replied: 4/14/2014
The Stutes Law Group, LLC
The Stutes Law Group, LLC | Ronald E. Stutes
Any power of attorney (also called a mandate under Louisiana law) can be revoked at any time by the person granting it. A new power can then be granted.
Answer Applies to: Louisiana
Replied: 4/14/2014
O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
In Maryland, yes; as long as someone has the capacity to revoke and execute a power of attorney, then that person may revoke an agent's authority and designate a new agent(s).
Answer Applies to: Maryland
Replied: 4/14/2014
James Oberholtzer, Attorney at Law
James Oberholtzer, Attorney at Law | James Oberholtzer
Your question sounds backwards. He granted a POA to his daughter. As long as he is legally competent, he can revoke it and appoint someone else.
Answer Applies to: Oregon
Replied: 4/14/2014
Gates' Law, PLLC | Thomas E. Gates
He can change his power of attorney at any time he wishes. He could do so even if they were not getting married.
Answer Applies to: Washington
Replied: 4/11/2014
    Home Town Law, P.A.
    Home Town Law, P.A. | Sabina Tomshinsky
    He can change it at any time as long as he has the requisite competency to do so.
    Answer Applies to: Florida
    Replied: 4/11/2014
    Overstreet, Miles, Ritch, Cumbie & Finkenbinder, P.A. | Timothy L. Finkenbinder
    The grantor can revoke the prior power of attorney and issue a new one naming a new agent. Other steps may need to be taken in connection with the revocation of the prior power of attorney. He grantor should consult an attorney before taking any action.
    Answer Applies to: Florida
    Replied: 4/11/2014
    Lawyer for Independent Media
    Lawyer for Independent Media | Sue Basko
    If the man is considered competent, he should be able to revoke the power of attorney in his daughter and make a new power of attorney in your mother, if he wants to. It will be a formal process and should be done properly so there are no questions about the status. It is a good idea to have a lawyer help with this.
    Answer Applies to: California
    Replied: 4/11/2014
    Law Office of Andrew Oostdyk
    Law Office of Andrew Oostdyk | Andrew Oostdyk
    It depends on who authorized the power of attorney (POA). If the boyfriend willingly gave his daughter POA (now or when he becomes incapacitated), then he can revoke and/or name a new person to be POA. If the POA was ordered by the Court, your mother would need to Petition the Court to be named as POA.
    Answer Applies to: Texas
    Replied: 4/11/2014
    Law Office of Kirk Buhler
    Law Office of Kirk Buhler | Kirk A Buhler
    A power of attorney can be made to anyone regardless of the marital condition. There are several different types of power of attorney. Generally they are for a specific transaction, but they can also be for handling an estate after a person dies. The control of the estate will generally be transferred to the remaining survivor of a marriage (spouse or partner), and if there is no surviving spouse then the control passes to any children or heirs generally automatically with or without a will or power of attorney. In some cases a power of attorney will allow another to manage an estate if a person becomes incapacitated.
    Answer Applies to: California
    Replied: 4/11/2014
    Edward L. Armstrong, P.C. | Edward L. Armstrong
    He can change his power of attorney to anyone he wants whether they get married or not.
    Answer Applies to: Missouri
    Replied: 4/11/2014
    Frederick & Frederick PLC | James P Frederick
    As long as he has capacity to do so, the answer would be yes. He should do this through an attorney, so his wishes can be protected. Additional estate planning would be needed for both of them, in light of the wedding.
    Answer Applies to: Michigan
    Replied: 4/11/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    The principal can change the agent under a power of attorney at any time. Your mother's boyfriend does not have to wait until they are married. Creating a new Power of Attorney acts to supercede an old Power of Attorney. He can also end a power of attorney by destroying the original document. He should notify the old agent of the change, not because it is required for the new Power to take effect but so the old agent cannot claim acting without knowledge of the change.
    Answer Applies to: Illinois
    Replied: 4/11/2014
    Banner & Witcoff, Ltd. | Ernie Linek
    Typically any new Power of Attorney form executed by a person includes language such that "all previous powers of attorney are hereby revoked." So the answer should be, Yes.
    Answer Applies to: Massachusetts
    Replied: 4/11/2014
    Attorney At Law | James G. Maguire
    Yes. He will have to revoke the old POA and sign a new one.
    Answer Applies to: Louisiana
    Replied: 4/11/2014
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Yes. Contact an attorney.
    Answer Applies to: Michigan
    Replied: 4/11/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    He can rescind the initial power of attorney and develop a new one for your mother.
    Answer Applies to: Florida
    Replied: 4/11/2014
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