Results 1 to 2 of 2
  1. #1
    Join Date
    May 2008
    Posts
    1

    Question Modifying Current Durable Power Of Attorney

    State: Michigan

    I would like to change my durable Power of Attorney (POA) agent from my father to my two sisters. I was wondering if:

    1. I can change the agent name from the last (& most current) POA draft (in Word format), which was prepared my father's employer (a law firm), or do I have to prepare a brand new POA?

    1A. If I can used my current POA draft, should I leave/modify/delete the Attorney's information?
    *Example*
    This instrument drafted by:
    {Attorney's Name}
    {Attorney's law firm}
    {Law firm address}

    2. Since my father and I are no longer talking (almost 6 mths now), am I required to notify him of the change (by mail/fax/email)?

    3. Can he take legal action to prevent the change & stay my POA agent (I'm over 18.... darn near 35?


    Thank you for any help.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,006

    Default Re: Modifying Current Durable Power Of Attorney

    Quote Quoting DeeTle08
    View Post
    1. I can change the agent name from the last (& most current) POA draft (in Word format), which was prepared my father's employer (a law firm), or do I have to prepare a brand new POA?
    You can rework the existing document, although nobody here can vouch for its quality or, in advance, for the validity of any changes you make.
    Quote Quoting DeeTle08
    1A. If I can used my current POA draft, should I leave/modify/delete the Attorney's information?
    Delete.
    Quote Quoting DeeTle08
    2. Since my father and I are no longer talking (almost 6 mths now), am I required to notify him of the change (by mail/fax/email)?
    You should as a matter of course notify your former attorney-in-fact of your termination of the durable power of attorney. If you don't and something happens to you, he may try to step in based upon what he believes to be his continuing authority - and he may have what appears to be a valid POA to present in support of his belief.
    Quote Quoting DeeTle08
    3. Can he take legal action to prevent the change & stay my POA agent (I'm over 18.... darn near 35?
    Anybody can try to "overrule" a durable power of attorney by petitioning a court to appoint a guardian on behalf of an allegedly legally incompetent person.

    1. Sponsored Links
       

Similar Threads

  1. Serving as Agent: Misuse of Durable Power of Attorney
    By chiefsangel in forum Power of Attorney Law
    Replies: 1
    Last Post: 10-21-2010, 08:01 AM
  2. General Power of Attorney: Durable Power of Attorney
    By alk10 in forum Power of Attorney Law
    Replies: 1
    Last Post: 07-19-2010, 09:18 PM
  3. General Power of Attorney: Durable Power of Attorney Eviction
    By sarcs in forum Power of Attorney Law
    Replies: 1
    Last Post: 06-24-2009, 10:07 PM
  4. General Power of Attorney: Durable Power of Attorney
    By laurmouse in forum Power of Attorney Law
    Replies: 4
    Last Post: 03-09-2009, 05:36 PM
  5. General Power of Attorney: Durable Power of Attorney Conflicts
    By mcjensen in forum Power of Attorney Law
    Replies: 12
    Last Post: 10-20-2007, 12:42 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document