Q: I have a power of attorney question,,can you changed your mind on the person who is power of attorney
My brother had a severe heart attack a few months ago ,after a couple of days his stepdaughter came to the hospital with her brother in law who is an attorney and said she was going to be his power of attorney and that my oldest sister would be second power of attorney ,she didn't have to sign anything ,my brother was in a lot of pain and very dissraught when this took place, there was no one in the room except them two no witnesses my brother is competent , lives by himself and is very alert was this legal for her do he would like to change it but can't afford a lawyer
A: If your brother was competent at the time he signed it, distraught is not a basis to declare it invalid. However, if he is still competent today, he most certainly can terminate the power of attorney. He would need to send a letter certified mail to the person who is the power of attorney now stating same, make a new power of attorney, and send a letter to the places that have his current power of attorney stating that he revoked it and here is his new power of attorney.
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