Adding and Removing a Power of Attorney

You can find many different power of attorney forms online. However, this is gamble because what seems like minor mistakes in these templates or forms could prove very problematic in the very circumstances you need someone to use a power of attorney. It is very helpful to instead talk with an estate planning lawyer about your specific needs so that they can recommend the documents and language that would work the best for your individual situation.

If you currently hold the power of attorney for another person when you are communicating with health care providers or others on their behalf as you conduct business, it’s a good idea to keep a certified copy of this document with you. Always use your name and indicate that you are signing as a power of attorney if you are signing a document as someone else’s attorney in fact.

You will also want to ask questions about the preferred format in which you might need to provide documentation prior to signing. If you currently are creating a power of attorney to enable someone else to serve as your attorney in fact, you can revoke it at any time so long as you are mentally competent to do so. It is strongly recommended that you revoke any existing power of attorney in writing and notify any businesses or financial institutions that your attorney in fact might have previously dealt with when this document was active.

The question of who is eligible to override an existing power of attorney for a loved one is much more complicated. If you suspect that another person is currently abusing their role as power of attorney, you may be able to use legal action to have them removed. An attorney who has experience with elder law and estate planning can be an instrumental component of this process. Schedule a consultation with a lawyer today if you have further questions about what you want to do.

 

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