Is it possible to create a new power of attorney to replace the present one?
3 attorney answers
Yes. Definitely. Powers oof attroney are freely given and freely revoked, so long as the principal is alive and mentally competent.
If the current holder of the POA is to be replaced, you should notify him or her in writing, and obtain proof of receipt. If any third parties currently know that someone is exercising a Power of Attorney that is being revoked, the third parties should also be notified.
Please note that I do not practice in your state and that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.
Yes, assuming the person has legal capacity to revoke existing POA and appoint new attorney in fact, then do so. Be sure to advise institutions, etc. if the attorney in fact has been acting for the person b/c they will not know a new POA is in place unless someone tells them.
Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Post strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
A power of attorney is an authorization to act on someone else's behalf in a legal or business matter. The grantor may revoke the power of attorney by telling the attorney-in-fact it is revoked.
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