Phoenix, AZ asked in Elder Law and Health Care Law for Kansas

Q: Can you get a power of attorney removed when they are not taking care of the persons best interest?

My aunt and cousin have dual power of attorney of my grandma and my cousin is making decisions(medically and financially) not in the best interest of my grandma. What can we and my aunt do to take control and take care of grandma?

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1 Lawyer Answer
Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
  • Estate Planning Lawyer
  • Mandeville, LA

A: Yes, as long as your grandmother still has legal capacity (she knows what she is doing), she can revoke the prior POA and appoint someone else. If she does not have capacity, then no. You would have to file a guardianship suit (here in Louisiana we call this "Interdiction") to care for her affairs.

If she does revoke, you should deliver to the prior powerholdres (aunt and cousin) a "true copy" or "certified copy" of the new POA by certified mail informing them of their dismissal. Third parties should also immediately be put on notice (such as banks).

If she does not have capacity, and they are stealing from her, likely you can sue the aunt and cousin in the guardianship suit on your grandmother's behalf. Because a POA owes a fiduciary duty to the principal (your grandma).

As always, these are only general rules, and it is necessary to check with an attorney licensed in your state.

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