Can the Agent Change a Power of Attorney?

Full question:

can my original power of attorney be changed or contested by the person i originally gave power of attorney to

Answer:

No, the agent generally may not change the document or it’s purposes without a court order. A power of attorney may only be revoked or modified by the principal. The agent has a fiduciary duty to carry out the intent of the document according to the principal’s wishes expressed therein. As long as a principal is mentally competent, s/he can revoke a power of attorney at any time. Or s/he can maintain the power of attorney but change the agent.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Only the principal, the person who created the power of attorney, can change it. They have the authority to revoke or modify the document as long as they are mentally competent. The agent, or attorney-in-fact, cannot make changes without a court order.