Can A Parent Change Their POA If Their Agent is Not Cooperating With Their Instructions?



Video Summary

Can a parent change their power of attorney if their agent is not cooperating and following their instructions? Well, the simple answer is first is that yes, they may. They can change or revoke their power of attorney at any time, but let's go back to what do we mean by agent. Whenever you execute a power of attorney or designating someone to act in your behalf and under the new power of attorney statute, that's called referred to as your agent. Your agent can act in your behalf. That does not mean that you're giving up any of your rights and you can still operate or you can still operate, but the agent is the one who can also act in your behalf.

The question that was posed is can you change who your power of attorney and the answer is absolutely, you can revoke it, advise your agent whoever you pointed that you no longer wish for them to act in your behalf. Give them notice. Usually I record the revocation in the public records and that way, you can then designate someone else to be your agent to act for you. Powers of attorney are usually referred to as durable powers of attorney. The reason why they're durable is because you placed language in the power of attorney itself, the document that says that your appointment survives even if you're incapacitated, so that parties do not have to determine whether you have your competency whenever the agent is executing documents for you which really may save a guardianship as far as that's concern if for some reason you would become disabled, either physically or mentally.

Also powers of attorney are used just to simplify matters whenever folks want their child or their agent to be able to act on their behalf for whatever reason, but they are usually durable and can be changed or revoked at any time by the person who is giving the power of attorney to the agent. The new power of attorney statute, you can provide many powers in there even as to changing beneficiaries to comply within a state plan, empowering your agent to do Medicaid planning by setting up a Miller Trust, be able to deal with your 401ks, your IRAs and there's many, many powers that you can give your agent. All of these powers need to be enumerated and they also need to be initialed by the person granting those.

You can also give your power of attorney to more than one person and designate that either of the parties who you designate can act in your behalf. If you have any questions or need to have a durable power of attorney setup, well give me a call at 727-847-2288.