Is it possible to have my husband’s power of attorney changed? 29 Answers as of January 15, 2014

He has dementia now and his son has been doing illegal things to us using our land for his advantage and it amounts to hundreds of thousands of dollars.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
James M. Chandler | James M. Chandler
It might be abuse of discretion, under a power of attorney the person is to act in the best interest of the person. If you think he is doing illegal things contact the local police dept. and make a report to the adult abuse dept.
Answer Applies to: California
Replied: 1/15/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
You should have a talk with a wills, trusts and estates lawyer ASAP.
Answer Applies to: California
Replied: 1/8/2014
O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
In Maryland, probably. It sounds like the principal (husband) lacks capacity to amend or revoke his power of attorney document, and the document does not address the situation. Someone can petition the circuit court to revoke the document, or order a guardian be appointed to serve in place of the agent.
Answer Applies to: Maryland
Replied: 1/8/2014
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
Yes, but it needs to be done through the court system in a guardianship proceeding in Nevada. I urge you to consult with an attorney on the specifics.
Answer Applies to: Nevada
Replied: 1/8/2014
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
Unfortunately, since your husband has dementia which triggered his incapacity which lead to the son's authority as POA, he cannot change his POA, nor can you. However, if you believe that the agent is taken advantage financially of your husband, you can petition the court to become your husband's conservator and request that the POA be revoked. Contact an elder law or probate attorney for further assistance.
Answer Applies to: California
Replied: 1/8/2014
    Law Offices of Frances Headley | Frances Headley
    The power of attorney can not be changed except by the principal,which your husband can not do. Your only recourse now is through the courts. You should consult an estate planning/probate attorney to review all facts and documents and advise you.
    Answer Applies to: California
    Replied: 1/8/2014
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    No, you cannot change the existing Power of Attorney. However, you can bring an action to prevent the actions that may be wrongful. Consult with an attorney specializing in Power of Attorney litigation.
    Answer Applies to: Colorado
    Replied: 1/8/2014
    David Kass | David Kass
    Your husband would need to execute a new poa or alternatively you would have to apply at Surrogate's Ct . for appointment of a guardian which is expensive and is paid out of the ward's (your husband's assets).
    Answer Applies to: New York
    Replied: 1/8/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    If your husband is no longer contractually capable the remedy is an attorney and court, and an action against your son for breach of fiduciary duty.
    Answer Applies to: Michigan
    Replied: 1/8/2014
    Kirby G. Moss PC | Kirby G. Moss
    Easiest way is to have husband revoke the Power of Attorney. If you suspect fraud, you should contact a lawyer for advice.
    Answer Applies to: Indiana
    Replied: 1/8/2014
    Danville Law Group | Scott Jordan
    It is possible if the current agent is abusing his position. However, in order to make the change, a Judge would have to approve it. I recommend you contact a local probate litigation attorney for assistance.
    Answer Applies to: California
    Replied: 1/8/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Only your husband can change his designated POA. In many cases, a POA ends when a person, such as your husband, is no longer competent. You can also apply to the local probate court and request to be named his conservator which would transfer all financial responsibility to you or someone you designate. This would supercede the POA.
    Answer Applies to: Nebraska
    Replied: 1/8/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    If your have the proof (tangible) that your stepson is doing something illegal you can bring a suit against him to get the POA revoked.
    Answer Applies to: Florida
    Replied: 1/8/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    If a person is incompetent he cannot revoke a POA, nor can he create new documents.
    Answer Applies to: California
    Replied: 1/8/2014
    Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
    I doubt the Power of Attorney authorizes him to do "illegal things". You don't need the POA changed, you need to get him to stop doing illegal things. Only the principal can grant or revoke a POA, and if your husband has dementia, he may not be able to do that.
    Answer Applies to: Illinois
    Replied: 1/8/2014
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    Yes, and the law protects the elderly from financial abuse. Call an attorney immediately and get it stopped.
    Answer Applies to: Oregon
    Replied: 1/8/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Sue him. Get a lawyer now the longer the abuse of the POA goes on, the slimmer your chance of ever recovering anything.
    Answer Applies to: Oregon
    Replied: 1/8/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You could ask the court to appoint you or someone else as guardian and the guardian could terminate the power of attorney.
    Answer Applies to: Idaho
    Replied: 1/8/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Yes, obtain the assistance of probate/conservatorship counsel, to have you named as conservator with the power to revoke the power of attorney; be sure the attorney knows conservatorship process.
    Answer Applies to: California
    Replied: 1/8/2014
    Law Offices of R. Christine Brown | R. Christine Brown
    If you husband has dementia, he may not have the legal capacity to execute a new power of attorney. You should consult an attorney about either (1) setting up a conservator-ship over your husband so that you can control your husband's financial and legal affairs and/or (2) to file a lawsuit for fiduciary abuse against the son if he is abusing the power of attorney pursuant to Probate Code Section.
    Answer Applies to: California
    Replied: 1/8/2014
    James Law Group
    James Law Group | Christine James
    It is not possible to change the POA if your husband lack legal capacity. You can and SHOULD get a conservator-ship. Contact an attorney ASAP before more money is gone.
    Answer Applies to: California
    Replied: 1/8/2014
    The Curran Law Firm
    The Curran Law Firm | Maura Curran
    You cannot change anyone else's power of attorney. However, you can go to court and get a guardianship established and let the judge know what is happening so the son can no longer use the POA.
    Answer Applies to: Florida
    Replied: 1/8/2014
    LAW OFFICES OF JAMES F. MALINOWSKI
    LAW OFFICES OF JAMES F. MALINOWSKI | JAMES F. MALINOWSKI
    Once a person has gotten to the point that they no longer have the mental capacity to create a Power of Attorney, they no longer have the capacity to change their Power of Attorney. If the son, as Power of Attorney, is misusing his authority, it may be wise to seek the appointment of a Conservator for his assets.
    Answer Applies to: Michigan
    Replied: 1/8/2014
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    With your husband having dementia, he cannot change the power of attorney. However, for Missouri, contact an attorney for a guardianship and conservator-ship over your husband. The probate court can void the power of attorney and the conservator can go after the son for his misdeeds.
    Answer Applies to: Missouri
    Replied: 1/8/2014
    Edward L. Armstrong, P.C. | Edward L. Armstrong
    You didn't say whether or not the son was designated as the "attorney-in-fact" under the power of attorney. The attorney in fact is the person to whom the power was given. Does the Power of Attorney document specify a procedure to permit a successor to assume control? You need to read through the document and see what it says. At this point you will need to retain counsel to assist you with this as you may have to begin a court proceeding to protect your assets from your son.
    Answer Applies to: Missouri
    Replied: 1/8/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    If the principal has dementia and no longer has capacity the Power of attorney cannot be changed. The agent appointed under the POA is under a fiduciary duty of loyalty and care. If the acts of the agent is costing the principal significant sums the agent may be liable for waste and malfeasance. It is also possible to establish a guardianship that could rest control of the assets of the principal from the agent.
    Answer Applies to: Illinois
    Replied: 1/8/2014
    Donald T. Scher & Associates, P.C.
    Donald T. Scher & Associates, P.C. | Donald Scher
    If your husband has dementia and is unable to act with legal testamentary capacity, then he cannot change his POA. If the POA is not "durable," then it is no longer valid by operation of law. The best action for you to take is to immediately file for guardianship and conservator-ship of your husband, so that you will have legal authority to control his person, medical treatment and his financial affairs, and to take action against the son for his wrongdoing. You should consult with an attorney at once.
    Answer Applies to: Arizona
    Replied: 1/8/2014
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    Only he can change the power of attorney and if he has dementia he is not competent to do that unless you can get a doctor's certification that he is capable of changing it. An alternative you have is to file for guardianship and indicate why you are not using the power of attorney.
    Answer Applies to: Delaware
    Replied: 1/8/2014
    Frederick & Frederick PLC | James P Frederick
    I am very sorry for your situation. Whether the POA can be changed or not depends on the level of capacity that your husband has. If he lacks capacity, then your only recourse would be to go to court and seek damages for breach of fiduciary duty. That would mean suing the son, which is not a pleasant prospect. You will want to run everything by a lawyer, before even thinking about going forward.
    Answer Applies to: Michigan
    Replied: 1/8/2014
Click to View More Answers:
12 3 4 5 Free Legal QuestionsConnect with a local attorney