Q: How can I change power attorney for my father because this is what he is requesting
A:
Your father has to be the one to make any changes to his power of attorney if he is mentally competent to do so.
Was his initial power of attorney drafted by a lawyer? Does it name a successor agent? Are you talking about a health care power or financial power or both? If a financial power was it recorded at the register of deeds?
If you are talking about a health care power and your father is mentally competent, he should revoke the power of attorney. If properly drafted, the power of attorney should spell out the methods by which it can be revoked. Basically, just filing a written revocation and sending it via certified mail to the agent is enough. He can then make a new health care power naming a new person as the agent.
Same process with the financial power if it has not been filed with the register of deeds. If it has been recorded, then the revocation also needs recorded in the land records at the register of deeds. If the power of attorney has been used by the agent and is also filed with the court then the revocation will need filed there too. Again, your father should have the revocations and new power of attorney drafted by an attorney.
If your father is not mentally competent, then he may not revoke any existing powers of attorney. The remedy would be to seek guardianship over his property and/or person.
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