How can one find out who the attorney was who helped with my grandfather’s power of attorney?

Get Legal Help Today

 Secured with SHA-256 Encryption

How can one find out who the attorney was who helped with my grandfather’s power of attorney?

Is it possible to get power of attorney from someone who is incapacitated who currently holds power of attorney over someone? Heres where it gets tricky Can efforts be made to attain power of attorney without having a copy of the current power of attorney? Is it possible to locate the attorney who oversaw the creation/signing of the document? I am of the understanding that the power of attorney document may not be filed/public record. The person for whom the power of attorney is over cannot remember the attorneys name, and, again, the person who currently has the power of attorney is incapacitated and not able to talk. Thank you for your insight

Asked on November 29, 2016 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You are correct: powers of attorney do not have to be filed. That means that if the only persons who would have a copy do not have their copies, or cannot respond, or do not remember which attorney, etc., there is no way to locate a copy.
However, if the principal (the person who granted the power; your grandfather) is mentally competent, he can simply create a new power of attorney naming you (or whomever he wants) as his agent or attorney-in-fact (the person given the power); the new POA can also specifically state that it revokes any prior ones. It would be best to have an attorney draft this for you.
If the principal is incapacitated or not mentally competent but someone needs authority to help care for him and manage his life (e.g. place him in and pay for a facility and his care), then a family member (like yourself) could bring a legal action to have him declared incompetent and have a legal guardian (such as yourself) appointed by the court. If you wish to consider this option, consult with an elder law attorney.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption