Can my father change his POA if they are not cooperating with his instructions?

UPDATED: Sep 30, 2022

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Can my father change his POA if they are not cooperating with his instructions?

My older sister is the POA for my mother and father 87 and 90 respectively. My father asked me to do it originally, however I thought my sister would be upset and she is an accomplished business person. I am the medical surrogate and have my doctorate in physical therapy. My older sister refuses to provide information to me even when my father requests her to provide it. She says she already provided the information. I am the primary care giver for both of them as well.

Asked on July 26, 2017 under Estate Planning, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, the person (the "principal") who grants a power of attorney (POA) may revoke it at all and/or can appoint someone else to be his attorney-in-fact or agent (those are the terms for the person granted authority by a POA). Your father can draft a new POA for you which also specifically says it revokes and supercedes any earlier POAs. You and your father should let an attorney help you, so as to make sure it is drated and witnessed properly, so as to be effective.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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