I need to amend my mother’s Health Care POA

My mother, age 89 1/2, is in a Skilled Nursing Home dementia wing. I 67 and am the primary POA with a sister 66 the secondary POA. Both my sister and I are starting to have age related issues which are impacting our abilities to support mom. I am 150 miles away, and the drive is becoming a challenge. My sister has back issues, kidney stones, etc.

We have a younger brother 58 who is 30 miles away that is more than willing an able to become a POA.

I know that I will need a local lawyer to make any changes, but before I contact their office

Can I add a third POA my brother to the POA mix? Or can I replace an existing POA most likely my sister with my brother?

I am the primary Financial POA with my sister being second. That POA has no need for a change, since it does not involve any travel for me.

Asked on November 12, 2018 under Estate Planning, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unfortunately, you cannot amend or replace a power of attorney: only your mother, the principal (person creating or granting the power) can do this, and if she is no longer mentally competent (e.g. due to dementia), she will not be able to do this, either: only mental competent persons may made or revise POAs. If she is not mentally compentent, you will have to have her declared incompetent and a legal guardian (e.g. your brother) or guardians (e.g. you and your brother) appointed for her. Consult wth an elder law attorney about doing this.


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