How do I create a power of attorney that revokes a previous one?
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I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask because this law stuff can get complicated.
- It's up to her what she wants to do.
- She could have multiple attorneys in fact if she wanted.
- However, legally it would make sense for her to draft a new POA and then send a notice to the other person that it's terminated at the same time.
Does that help clarify things? I want to make sure I didn’t leave anything out.
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I’m trying to become power of attorney for my grandmother, but she already has a power of attorney. Do I need to have that person’s privileges revoked before I can become power of attorney or can I just go about filing with Grandma for the power of attorney?
Are you looking to challenge or change the existing power of attorney arrangement?
Yes
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with challenging the existing power of attorney.
Yes, Grandma only has a power of attorney because her husband had it set up that way before he died so that she could be taken care of but the person that is the agent now is taking advantage of Grandma and not allowing her to have her checkbook Minutes on her phone or anything else
Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I am more than happy to help you with your situation! Does grandma want to get rid of that person?
Yes
And she wants to appoint me as her durable power of attorney
Ok thanks! Just a few more questions. Are there any other family members or parties involved in this situation that we should consider when discussing the power of attorney?
Well, the person currently in charge as her agent/power of attorney is my aunt which my grandpa had set up to be my grandma’s power of attorney after he died
This is in the state of Wisconsin as well
Ok I've got what you're getting at here! Were there any other facts you'd like to add before I answered your question? Also, I really appreciate you using AskaLawyer — it means a lot to be able to help. Let’s make this a smooth session for you, and you can add me as a favorite after we're done.
No, I’d just like an answer
Ok! I've been working on an answer while we've been chatting, so it'll just be a moment.
I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask because this law stuff can get complicated.
- It's up to her what she wants to do.
- She could have multiple attorneys in fact if she wanted.
- However, legally it would make sense for her to draft a new POA and then send a notice to the other person that it's terminated at the same time.
Does that help clarify things? I want to make sure I didn’t leave anything out.
There is one more thing, grandma was deemed incompetent even though she is technically not. As I stated before Grandpa had drafted all the legal documents and had them filed while he was alive so that way Grandma would be taken care of after he passed
I hear you! So if she is not actually incompetent, then it's time to make sure that she does this voluntarily and make sure it's all in writing.
