Found an issue on this page? Let us know and we will look into it as soon as possible.
How can I get a power of attorney when one already exists
Anonymous3 views3 answers
My dad has always consulted me to handle his affairs. Last year, my father was the victim of a tragedy. At the time I was residing in Atlanta and in my absence and without my knowledge, my brother got a power of attorney for my dad. My dad prefers me to continue to handle his affairs but I don't have the POA and decisions are bring made without me that I feel are not in my dad's best interest. Today he is on life support and unable to speak but is alert, oriented, and able to respond through nodding is head. He has pressing medical needs daily that the hospital has to receive consent to perform; many of which are life threatening interventions. My brother is rarely available and the hospital contacts me for consent. I need a POA to protect medical entities from legal action when I consent.
This is a very tricky situation, which will require discussion with his doctors. You need to hire a lawyer and have him visit your father and discuss his situation with his primary physician.
Ivette M SantaellaEstate Planning AttorneySan Ramon, CA ·
Hello,
If your Father is mentally competent and understands his actions he should be able to change his POA and health care directives. Due to this current circumstance, you would need the opinion of a physician so that any change can be upheld if the POA is contested.
As the other lawyers pointed out, you should hire a estate planning attorney wherever your father is and with that attorney visit the hospital and the doctors to see if your father remains competent in THEIR opinion to revoke the existing POA and execute a new one in your favor.
