Legal Question in Family Law in Texas
Power of Attorney
My nephew had his mom down for power of attorney. He is divorced and has custody of his two daughters. He is in the process of getting remarried but is geting sent to Iraq on August 15, 2004 and wants to leave power of attorney to his fiance. His mom said that could not be? Is this true and/or what can he do to change power of attorney to his fiance?
2 Answers from Attorneys
Re: Power of Attorney
Your nephew can revoke his power of attorney at any time by signing a written revocation. He may then execute a new power of attorney naming his fiance. He may also wish to update his will to include his fiance.
Re: Power of Attorney
He can revoke his power of attorney at any time assuming that is still competent to do so. Was the power drafted by an attorney to be a durable power of attorney (still valid should he lose his competency)? Does he want this? Generally, when I prepare a power of attorney, I also inquire as to whether the client also might want or need a will, a medical power of attorney or a directive to physicians. Usually, all of them should be updated at the same time.
If he is near the Fort Worth area and wants some help with this, have him give me a call.
Bob Leonard, Jr.
(817) 336-8500
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