My significant other and I have Wills and POA’s, we both have the same one.

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My significant other and I have Wills and POA’s, we both have the same one.

There has been some problems that have come up and now no longer feel comfortable with the son who is the POA. We want to remove him and appoint another son for medical and a granddaughter on everything else. How do we do that legally in Mn. Our Eldercare attorney had to retire due to medical issues. Can we print out the forms to remove and add someone else from online? Do we have to notify the son being removed? Does the new paperwork simply get notarized and added to our wills or have to be filed somewhere else. We are seniors living on very little SS. So the firm our retired attorney sent us to wants to do it all over . We can’t afford it

Asked on July 12, 2019 under Estate Planning, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The easiest way is to simply draft a new power of attorney--and you can use forms available online for it--and make sure it is properly signed, witnessed, and notarized according to your state's laws (e.g. the same way the existing POA was signed, witnessed, etc.). The new POA should say--so you may need to add a paragraph to a "standard" form--that it revokes all prior POAs, including specifically the one are looking to invalidate (e.g. "the power of attorney signed on" such and such date, or the "power o of attorney naming" your son as your attorney in fact). You should then circulate copies of it to your son, to any other family members who should know, and also to your bank, accountant, etc.


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