Elder Law Answers
Can My Father Execute a New Power of Attorney, Even If Some Consider Him No Longer Competent?
- July 7th, 2014
Q
Due to availability, I have been the person to take both parents to all of their doctor/dentist appointments over the past years. I am the eldest of five, and two of my younger siblings are currently agents under my father's power of attorney (POA). Recently, the doctors' offices and the VA have asked for the agent to be present and this is necessary to facilitate pursuing my father's pension and his VA Aid and Attendance benefits. My father wants me to be an agent under his POA, although my mother is not in favor. My father is still of sound mind; however, the siblings who are agents under the existing POA are saying otherwise. How do I resolve this? How do I ensure that the other agents are abiding by their fiduciary responsibilities?
A
The choice should be your father’s. I’d recommend that he meet with an elder law attorney, either along with your mother or on his own. You should not be in the room when they meet. It will be up to the attorney to determine your father’s wishes, whether he is being unduly influenced by anyone and whether he is competent to execute a new durable power of attorney.
For more on the durable power of attorney, click here.