Laurel, MS asked in Contracts and Estate Planning for Mississippi

Q: Can I legally have a power of attorney changed?

My fiancee is incarcerated,and will be for 2 more years.he signed a power of attorney,and it was notorized but not filed at the court.can he change his power of attorney to another person?if so,how?

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1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN

A: There is no requirement to "file" a power of attorney with the "court". A competent adult can always change their power of attorney by creating a new power of attorney that revokes all prior powers of attorney. Notice of revocation should be given to the agents who are being removed and to to all persons and businesses to whom the revoked powers of were presented, such as banks, letting them know those prior powers of attorney are no longer valid.

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