Our oldest son has a POA for Health and Financial because I was at the time to handle our finances to to a mental breakdown and my husband has stage 2 dementia. So our oldest son took out a POA so he could be on our bank account. So we sign it not knowing that it was for life. I'm better and 4 years ago stated handling everything now. He isn't abusive but he thinks that he has know EVERYTHING and the ONLY person to be contacted if something go wrong. It's like the other kids don't need to know anything. He holds over our heads. If we wouldn't have signed it if we knew it was for life we only wanted it until I got better not life. If knew we would break it there would be hell to pay and break the family apart if he knew it. We want our youngest son to be our POA he is more level headed.I'm sorry I should have said that this was done in Minnesota,but we now live in Nevada.
In Nevada, both your POA for health care and financial matters are revocable if you are of sound mind and have capacity. You need to make the hard decision in regards to what is best for you or your family. However, on the facts you provided you would absolutely be able to change your agents for your POA. Additionally, you may want to consider a committee based POA, which is allowable in Nevada. Hopefully your oldest son would not feel so cut out and may not cause the "hell" that concerns you. Consider just adding your youngest son on the POA as a check and balance. Your specific situation would dictate if that course of action would be prudent.
Ultimately, I would recommend you schedule a consultation with an elder law attorney and discuss the situation. To be on the safe side, you will probably need a medical opinion regarding capacity as well as another attorney to provide a confirmation affidavit regarding the implications and effects of your new POA documentation.
Best of luck.
I am a lawyer but I am not your lawyer, so get a second opinion and do not rely exclusively on my answer.
The short answer is yes and in your case as stated so aptly by the prior attorney you must immediately revoke your POA. This is not a good situation and you need to do this right away. You need to immediately alert all banks and financial institutions as soon as you revoke the POA. You need to let the POA-son about this right away. If this is hard to do have him meet with you and your new attorney or have him call your attorney to put him on notice.
Hope this helps.
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