Legal Question in Wills and Trusts in Kentucky
power of attorney laws in kentucky
my brother is paralized and not getting the care that he needs his daughter has
power of attorney he wants to be moved so he can get the help that he needs
and she dont want to move him his stroke did not affect his mind at all can he
make me power of attorney after he already made his daughter poa or can he
can he make the choice to be moved to get the help he needs himself since the
stroke did not affect his mind at all
2 Answers from Attorneys
Re: power of attorney laws in Indiana
The Indiana law for powers of attorney provide a mechanism for revocation and allow the person executing a power of attorney to give the power of revocation to the new attorney in fact. The guardianship laws also provide for court assistance without having someone appointed guardian that might revoke the power of attorney and/or order that your brother be moved. Unlike Kentucky, in Indiana the execution of a new power of attorney does not revoke the old one automatically. You have another option in Indiana to contact the adult protection services in the county where your brotherlives.
Re: power of attorney laws in kentucky
If he is competent, he can have a new power of attorney executed. This will void the prior power of attorney (automatically). If he is NOT competent, he should not sign documents, and should not get a new POA.