Elder Law Answers
Is an Agent Under a Power of Attorney Entitled to Compensation?
My wife and I have are agents under my 86-year-old mother's durable power of attorney. We are her primary caregivers becau...
Read moreAs an Agent Under a POA, Can I Change the Alternative Agent Named in the POA?
- June 22nd, 2016
Q
I am the agent under a power of attorney for my father. There is an alternative agent named in the power of attorney document, but I'm worried this person will not be able to act as agent if the time came. Can I change the backup agent if I feel the backup is no longer responsible to take over if something happens to me?
A
The best answer is to stay healthy. Only your father can change his power of attorney. If he’s not competent to do so now, your only option is to organize other family members or friends to step in in the event you become incapacitated. They would probably have to seek a court-ordered conservator to supersede the successor attorney-in-fact. For information on guardianships and conservatorships, go here: http://www.elderlawanswers.com/guardianship-and-conservatorship-12096.