Follow
Share

Oklahoma Durable Power of attorney question:



My grandmother has dementia but is compentent most of the time, she knows what is going on around her, the date, what ever is currently on the news ect..



My grandmother wants to revoke or transfer durable power of attorney from a family member.



My grandmother doesn't get along with said family member. They are constantly fighting and there has been some questionable things that have happened such as said family member screaming, yelling, and spending her money on things not not needed, throwing items such as cups at my 85 year old grandmother.



My grandmother wants to revoke the POA if she cannot revoke it she wants to transfer it to me or her brother.



What would need to be done to revoke it or transfer it?

This question has been closed for answers. Ask a New Question.

3 Answers

Most
Helpful Newest
First Oldest
First
Her brother, likely near her age is a bad choice. You are a good one IF you are able to do it. Do you understand how to keep meticulous records for grandmother of every penny in and out of her finances, do you have an understanding of who will DO finances now she is failing? Do you understand keeping files and etc. That is to say your responsibilities? This is a legal fiduciary duty, and not an easy one, esp with someone passing into dementia.
As to grandmothers mentation, she is either well enough or not to go to the attorney (you can attend but will be asked to leave while he/she questions grandmother.) The attorney will decide that. If she IS well enough the attorney simply makes a new POA, one listing you. The first is withdrawn by letter to the current holder.
Then your work begins. You take the new POA to each and every bank, entity, MD, etc that grandmother has, saying the old POA is withdrawn and you are the new one. You learn how to sign as POA. Basically you learn it ALL remembering that this is a legal Fiduciary duty with a whole lot involved.
If the attorney examines grandmother and decides she doesn't fully understand what she's doing he/she will refuse to act in this matter. You can then explore guardianship, which involves courts and costs.
See the elder law attorney of your choice with your grandmother.
Helpful Answer (1)
Report
Geaton777 avatar
G
Geaton777 Jul 2022
Yes, Alva, good to continue to stress that one's PoA needs to be at least a generation younger than the principle! Otherwise it's one old, infirmed person trying to manage the complexities of another old, infirmed person's affairs at a time when they can barely manage their own!

Recently my BIL visited us. He and his wife have no children (they live in AZ). I recommended they make one of their 2 local nephews as DPoA or trustee for themselves. On this recent visit BIL told me he made his *brother* (my other BIL) -- only 2 years younger than him and somewhat of a dimwit -- his trustee. I realize it is a trust issue (no pun intended) but people just cannot imagine the poop show that can unfold at a time when having a competent and available legal manager is critical.
(2)
Report
If one of the problems is family member accessing grandma's money, FYI, most banks have their own POA form that they use. Check with her bank and any investment firms she uses.
Helpful Answer (2)
Report
Rules regarding PoA can vary by state. Your grandmother can go see a certified elder law attorney. The attorney will interview her privately and determine if she can comprehend what PoA is, and the impact of her assigning one. If the attorney determines she is comprehends correctly, then he/she will help her create the paperwork and finalize it per whatever the state requires. Generally, a new legitimately created PoA supersedes any that came before it, so a seperate process of revoking may not need to happen. There is no transferring of PoA that I'm aware of. A new one needs to be created by the principle -- but I could be wrong. She will have to pay the money and go in person to the attorney. Hopefully she will also create an Advance Healthcare Directive and a Will as well.
Helpful Answer (2)
Report
A
AnnReid Jul 2022
In my state a lawyer CAN COME to your grandmother if necessary.

The service will cost somewhat more than going to the office.

Find out.
(3)
Report
This question has been closed for answers. Ask a New Question.

Recent Questions


Popular Questions


Related Questions

Ask a Question
Subscribe to
Our Newsletter