My mother is staying with me now and my sister has power of attorney but she is not supporting my mother. I have been given a new power of attorney form from my mom's social worker. Is this sufficient?
Divorce / Separation Lawyer
Your mom's social worker should not give you a power of attorney unless she's a lawyer. Forms can be okay or lousy, and without a lawyer seeing the form there is no way to know. Additionally the new form may not revoke the old one.
If your mother is competent, she can sign proper paperwork to revoke her past POA and then do a new POA to you. Since this is important, you want to have a lawyer draft it, and at the same time review her other planning paperwork such as a will, health care directive, etc for sufficiency.
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5 lawyers agree
Estate Planning Attorney
Your mother would have to sign a revocation of POA concerning your sister's document.
The form would have to be reviewed before any attorney could respond but I can tell you that your best bet would be to have an experienced estate attorney draft the document and handle the execution of the document for you.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
DUI / DWI Attorney
I agree with the earlier statements, particularly regarding the social worker. Powers of Attorney are greatly misunderstood, particularly by care-taker relatives. If you are caring for this person some clear medical opinion should obtained that this person is competent to direct you to carry out her wishes and need pursuant to the P/A. If incompetent, she is no longer able to knowingly revoke or authorize to grant of the P/A and would need a guardian of person and or property to be ordered by the court.
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Many well drafted power of attorney forms state in the document the method for revoking them and how to give notice to the person holding it. Also, some people use the term power of attorney for many different things, such as durable powers of attorney for healthcare, general powers of attorney, financial powers of attorney, limited powers of attorney, etc. A power of attorney can even be filed in the Courthouse of a particular county where it is being used. It is very important that the one your sister has is revoked, and that notice of the revocation is done property so that anything she does after the revocation is not enforceable. Please take all of your documents to an experienced probate or business attorney as soon as you can.
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First, you should always consult an attorney when dealing with power of attorney issues. Social workers may not fully understand power of attorney forms and agreements. Generally, power of attorney forms will state in the document the method for revoking them and how to give notice to the person holding it. If the original power of attorney form is silent on that issue, she can sign a power of attorney revocation form to revoke the original power of attorney and then sign a new one to you, assuming your mother is legally competent.
The information above is general in nature. The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter. In order to obtain more specific legal advice, please contact me directly for a free phone or in person consultation.