Can a chiled of one parent be the power of attorney. And lives in an other state than the parent. And does harm to the other power of attenry that lives in the same state with the parent, and gives care for the parent? The other power has been give the other power of atterny harm to his life, The other power of atterny has filed wrongful acts agenst the other power of anttorny? What can be done?
1 Answer from Attorneys
If the parent is mentally competent, he/she can sign a new power of attorney that replaces the old one. It would be prudent to notify the former attorney-in-fact that he or she has been removed from the job, but if there are legitimate concerns about how that person is doing the job, there is nothing to restrict the parent from designating someone new (unless the parent already is mentally incapable of handling his/her own affairs). If two attorneys-in-fact have been named to serve jointly (as it seems from your facts) and one is failing in doing the job, the remaining one can hold the joint designee accountable for such failings with a declarative action in court. You would hope not to have to go to that extreme, but if real harm is resulting, it may be necessary to right a wrong.
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