questions & answers

Question: I want to request a change in power of attorney from my sister to myself. My father is in a nursing home, and i do not feel my sister is capable of making good decisions for our father. Do you know what form I would fill out to request this change in Power of Attorney?

Answer: It is really your father's choice as to who he wants designated as his "attorney in fact" or "agent" under a power of attorney.  While your father may be able to change the designation, third parties generally cannot unilaterally do so.  If your father is considered to be competent and he does not want to change his agent, it is very unlikely that he would forced by a court to do so.  If you believe your father is incompetent and you believe his agent (your sister) is not acting properly on his behalf, you should speak with an attorney regarding your options.