SummerHope Asked November 23, 2024
How to successfully get rid of current POA if needed?
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Has anyone successfully gotten rid of what might appear to be a corrupt POA and if so, how did they do it. I have been told one has to go through the court system to do this or is there an easier method? We have a back up POA who is willing to serve instead. That person is super repsonsible and honest.
Please only response with professional and considerate answers.
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If they lack capacity you have to prove abuse of some kind to have them removed.
Better question for an elder care attorney.
You have a long long history which is well related here in past posts of yours.
I would hope that those answering you would take a look at the history.
I am not going back again, but if I recall there have been ongoing argument and issues with you and the current POA. I believe that you had MPOA or Medical POA, and it is almost ALWAYS problematic when the elder appoints different MPOA to POA. The latter trumps in that the latter is the final "decider".
You tell us that there is now a plan or a "wish" to "get rid of" the POA.
I would suspect the POA is keeping a diary at this point. I doubt that you would win in court, and the fact is that court is where this attempt to get rid of the POA would likely go.
One way to attempt to "rid" yourself of a troublesome POA is to gather proof of his/her wrong doing.
Then, with this proof you would go to an elder law attorney.
This will be expensive, so start saving. BUT if you win, in most states you can recoup costs through the funds of the principle, who appointed the POA in the first place.
What you would be seeking here is Guardianship or Conservatorship. Given that a POA is already serving the principle, and assuming serving them fairly well, a court will be loathe to make changes without VERY GOOD REASON. The reasons would be malfeasance, embezzlement of funds, the spending of funds of the principle on someone other than the principle, and so on.
I have suggested to you before that you see an elder law attorney with your issues.
I think that is likely still the best way for you to go.
But do know, your chances will be lots better if there is proof and if you have witnesses to wrong doing.
And do know that a guardianship fight USED to, about five years ago, cost about 10,000 starting. It is likely twice that now that Elder Law Attorneys have gone from 350.00 an hour to 750.00.
Take care. I am sad things are still going with so much dissention. But as I told you before, families warring over a still warm elder when he/she is at his/her weakest just drives me right on over the edge I am almost always sitting on at this point.
If you have medical, as Alva thinks, your responsibilities are limited to what is in the Medical POA. The wishes of the person who assigned you. If something pops up medically that is not covered in the POA, then u make that decision based on what the principle may have wanted. It also gives you the ability to speak with Medical Staff.
So, Yes, to get a POA revoked where the principle is no longer competent you would need a lawyer and to go to court.