What to do if my aunt who has power of attorney over my grandmother placed her in a nursing home against her will?

UPDATED: Apr 1, 2012

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What to do if my aunt who has power of attorney over my grandmother placed her in a nursing home against her will?

My grandmother is 95 but of sane mind. She wants to change her power of attorney to me and have the bank accounts, which are in her and my aunt’s names changed, set as new accounts. I don’t want to do anything illegal but want to help my grandmother as she feels betrayed by my aunt. Can this be done?

Asked on April 1, 2012 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes!  Of course it can.  The Power of Attorney can be revoked at any time.  Wht you need to do is have her execute a new one and then have her write letters to all parties - like the bank, etc., - with whom your Aunt may interact and tell them that the old POA is revoked and there is a new one in place.  Have her send a letter to your Aunt as well (maill it for her by certified mail).  Good luck.

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