How can one find out who the attorney was who helped with my grandfather’s power of attorney?
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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 7 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.
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