Legal Question in Wills and Trusts in Florida
Revoking a successor power of attorney
My aunt lives far away. She has recently been placed in a nursing home due to Alzhiemer's. She has a power of attorney for health/estate. The problem is my Aunt's power of attorney feels the appointed successor power of attorney would not have my Aunt's best intrest at heart, should something happen to her power of attorney. The power of attorney wants to remove the successor power of attorney. Can that be done? If so, how?
2 Answers from Attorneys
Re: Revoking a successor power of attorney
No.
Re: Revoking a successor power of attorney
Only a durable power of attorney survives the incapacity of the person who executed it. A standard POA does not.
Only your aunt could change the successor agent (terminate the original DPOA and execute a new one) but she can not do it at this time since she is probably considered mentally incapacitated.
Interested persons such as yourself and the present agent could petition to begin guardianship proceedings. The DPOA would then be suspended and, depending on the outcome, even terminated. The guardian(s) could then be different than the agent(s) your aunt had named in the DPOA. Best wishes.
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