Mesa, AZ asked in Family Law, Civil Rights and Elder Law for Arizona

Q: Is there a way to Revoke my sister's power of attorney for medical - negligent in her duties. Do not want guardianship

She has filed an order of protection against me and has stated she is not capable of taking care of my mother because she suffers from many ailments. I paid and spoke with an attorney and he said I did not have a strong case to try and seek guardianship trying to figure out what options I may have as Az laws do not obligate my sister to be transparent and she is trying to keep me away from my mother.

1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: Revoking a power of attorney for medical decisions in Arizona typically requires specific actions and may depend on the terms of the original power of attorney document. Here are some steps to consider:

1. Review the Power of Attorney Document: Examine the power of attorney document to understand the conditions or terms under which it can be revoked. Some documents specify the procedures for revocation.

2. Communicate with Your Sister: Attempt to have an open and honest conversation with your sister about your concerns and your desire to revoke her authority. It's essential to discuss the reasons behind your decision.

3. Obtain a New Power of Attorney: If your mother is mentally competent and willing, she can execute a new power of attorney naming someone else as her agent for medical decisions. This new document can supersede the previous one.

4. Seek Legal Advice: Consult with an attorney in Arizona who specializes in estate planning or elder law. They can provide guidance on the specific steps and requirements for revoking a power of attorney.

5. File a Formal Revocation: If necessary, you may need to file a formal revocation with the appropriate authorities or institutions where the power of attorney is recognized, such as healthcare facilities or medical providers. This can help ensure that your sister's authority is no longer recognized.

6. Monitor the Situation: Keep a close watch on your mother's care and well-being to ensure that her medical decisions align with her wishes and best interests.

It's crucial to consult with an attorney to navigate the process effectively and ensure that your mother's wishes are respected. While seeking guardianship may not be a strong option, exploring alternatives to address your concerns and protect your mother's interests is essential.

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