Elder Law Answers
Can I Make Gifts If I Am an Agent Under a Power of Attorney?
I am an agent under my mom's power of attorney. Do I have the power to gift money in her place?
Read moreCan an Agent Under a Financial Power of Attorney Revoke a Health Care Power of Attorney?
- February 2nd, 2017
Q
I live in Kansas, and I am the agent under my aunt's durable power of attorney. Together, we appointed her daughter as power of attorney for health care. I would like to revoke the health care power of attorney, but my aunt is now incapacitated. As her agent under the durable power of attorney, can I draw up and sign the revocation of the health care power of attorney?
A
We don’t know the answer to your question because it is a matter of Kansas law, but it would be surprising if you could revoke the health care power of attorney. The two documents are meant to cover two separate areas of personal decision making -- legal and financial for you and health care decisions for your cousin. It would be unusual for the document empowering you to make legal and financial decisions to empower you, in effect, to make medical decisions by revoking the document giving this authority to your cousin. But you’ll have to consult with a Kansas elder law or estate planning attorney to be sure. To find an attorney near you, go here: http://www.elderlawanswers.com/elder-law-attorneys
For more information about durable powers of attorney, click here.