How can a POA be changed?

UPDATED: Sep 4, 2012

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How can a POA be changed?

My parents are both 90. My dad has major short term memory loss and my mother always relied on him to do everything because she never learned how. I now have to help with bill paying, etc. My sister in another state is their POA. She wants to either pass this duty on to m, or have us both be POA’s. How do we go about doing this if my dad does not understand enough anymore to help?

Asked on September 4, 2012 under Estate Planning, Florida


Catherine Blackburn / Blackburn Law Firm

Answered 10 years ago | Contributor

This is a very good question and well stated.  However, it is difficult to answer it in an online, written answer.

It is possible that your dad and mom may still have capacity to prepare a new POA.  Just because your dad doesn't always remember, or your mom doesn't know how to pay bills, does not mean they lack capacity. 

I suggest you consult an Elder Law attorney near your parents right away.  It is possible that your parents need to change more than the POA before their abilities decline further.

Even if your parents cannot prepare a new POA, there are some steps you and your sister can take.  It sounds like you both cooperate and have your parents' best interests at heart.  Your sister could hire you to handle your parents' bills.  If her POA permits, she could change the title to the bank accounts to permit you to assist.  Depending on how the POA is written, your sister could even create a trust for your parents and name you as trustee.

Again, I suggest you both consult an Elder Law attorney and prepare a comprehensive plan to care for your parents and meet you and your sister's needs.

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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