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How can we change power of attorney?

My father is a competent 86yr old who has right sided paralysis and short term memory loss. He has had 2 traumatic falls resulting in head injuries. He wants to change his power of attorney from his wife to me, his daughter. How can this be done legally? Do we have to notify his wife about the change? He is afraid of her due to her mental illnesses and addiction problems but doesn't want a divorce, he just doesn't want to live with her or allow her to make decisions for him. He realizes he could lose his competency and his wife would put him in the cheapest place she could find.

Status: Open    Sep 19, 2016 - 07:46 AM

Elder Law

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Sep 21, 2016 - 09:02 AM

You should see a competent attorney to create a new POA that in itself would revoke all previous POA's. I would not use an online generator, as he might want to grant you special powers that an 'off the shelf' version might not address.

There is no requirement that the wife be notified, and I would even suggest against it based on her mental illness.


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