Power of attorney

[Frankie Carlisle]

Jurisdiction

Missouri

If one gave their son power of attorney due to medical conditions and was unable to make decisions at that time would it require hiring an attorney to get the power of attorney revoked???

 

[adjusterjack]

I hate to assume things but I guess I'm going to have to. You let me know if something different is happening.

Sam (the father) gives power of attorney to Joe (the son).

Several years later Sam is no longer mentally competent to contribute to decisions about his care or his financies.

So then the question becomes: Who wants the POA revoked? Certainly not Sam. Sam doesn't have the mental capacity to know what's going on, much less deal with revoking the POA.

My guess is that somebody else in the family isn't happy with the way Joe is handling things and he or she is the one that wants the POA revoked and wants to be appointed conservator or guardian over Sam's finances and medical care.

In that scenario, yes, it would require an attorney who specializes in elder law to petition the court for the change based on any actual wrongdoing by Joe.

Am I close?

 

[army judge]

If one gave their son power of attorney due to medical conditions and was unable to make decisions at that time would it require hiring an attorney to get the power of attorney revoked???

What are you, or the person with medical challenges, trying to accomplish?

Do you want someone to handle your finances?
A POA isn't a court order.

It's simply a person's expression of trust in another, delegating the trusted person to act on his or her behalf.
No one has to honor the POA.
Everyone must honor a court order.

Do you want someone to simply make medical decisions for you?

Your medical practitioner, or hospital can advise you about a "durable POA of attorney".

A power of attorney is a legal document (your request) that gives someone you choose the power to act in your place.

Your request or wish need not be honored by a bank, another person, an insurance company, a business, or a government agency.

In case you ever become mentally incapacitated, you'll need what are known as "durable" powers of attorney for medical care and finances.

A document that must be honored by everyone, and every entity is issued by going to court and having someone appointed by a judge to act on your behalf, with full legal authority, as if you spoke. That person would be known as a conservator, or guardian. He or she would receive from the court a legal document creating the conservatorship or guardianship of the incapacitated or challenged party.


I suggest you consult an attorney you trust, before you create a POA, and/or especially guardianship.

You can revoke a POA.
Only the court can revoke guardianship or conservatorship.

You can create a general POA, or a POA for a specific purpose.

A crook that obtains a general POA has the potential to rob you blind!
Be careful, be very careful before you get your clock cleaned.

 

[Frankie Carlisle]

I hate to assume things but I guess I'm going to have to. You let me know if something different is happening.

Sam (the father) gives power of attorney to Joe (the son).

Several years later Sam is no longer mentally competent to contribute to decisions about his care or his financies.

So then the question becomes: Who wants the POA revoked? Certainly not Sam. Sam doesn't have the mental capacity to know what's going on, much less deal with revoking the POA.

My guess is that somebody else in the family isn't happy with the way Joe is handling things and he or she is the one that wants the POA revoked and wants to be appointed conservator or guardian over Sam's finances and medical care.

In that scenario, yes, it would require an attorney who specializes in elder law to petition the court for the change based on any actual wrongdoing by Joe.

Am I close?

The dad gave the son power of attorney when he was in the hospital. The dad is now wanting to revoke the power of attorney now that he is competent and not happy with the way the son is doing things, treating him, controlling him, etc.

 

[adjusterjack]

The dad gave the son power of attorney when he was in the hospital. The dad is now wanting to revoke the power of attorney now that he is competent and not happy with the way the son is doing things, treating him, controlling him, etc.

There are several resources in the following search that explain revoking of POAs. Show them to the Dad. Shouldn't be too difficult to accomplish. Might even be forms online.

missouri how to revoke power of attorney at DuckDuckGo