Legal Question in Wills and Trusts in Texas

I am my father's General Power of Attorney/Agent (Attorney in Fact) and have the power and authority to perform or undertake any actions he could perform or undertake as if he were personally present. My question is: This Power of Attorney document appoints one of my sisters as my successor, and I would like to know if I have the authority to have that document changed to appoint our other sister as my successor. My father is 92 and has been having quite a bit of short term memory loss over the past year. My current successor is in financial difficulty, as well as her offspring, and I feel I am responsible to protect my fathers assets to the best of my ability and would like to see that carried out to his wishes should something happen to me. Thank you!


Asked on 3/29/10, 11:06 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Your father can execute a new POA in favor of other sister and cancel the present one. Unless he has been declared incompetent by the courts, and if you feel he is lucid enough to understand the powers he is granting, a new POA should be valid. You do not have any power to change the present document.

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Answered on 4/04/10, 8:23 am


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