Is there a way to get power of attorney back after it has been revoked?

1 answer | Last updated: May 27, 2015
Sam asked...

I have been my elderly, disabled mother's full time caregiver (24/7) for eight years now. I don't take vacations, don't have health/dental insurance, don't receive weekly paychecks, etc.. She did a power of attorney over six years ago, naming me as her agent. She now has dementia. Her other two daughters made her sign a document revoking the POA. What can I do to get it back? I can't afford counsel.

Expert Answers

Barbara Repa, a senior editor, is an attorney, a journalist specializing in aging issues, and the author of Your Rights in the Workplace (Nolo), now in its 10th edition.

The best resolution for this problem may also require the most angst and energy to pursue: Get clear with the two daughters why they changed the power of attorney in the first place, since that doesn't seem to mesh with the caregiving reality you describe. If you all have your mother's best interest at heart, there may be some way to work together to provide the care she needs.

If such cooperation is not possible, there may be no way around mounting a full-fledged legal battle to get the authority you would need to handle your mother's care and finances, to challenge or remove anyone else who has been named as an agent for your mother but is not doing the job, or to have a conservator or guardian appointed to take care of her. Consult the Administration on Aging run by the Department of Health & Human Services. It offers legal resources, along with a legal hotline and may be able to link you with free or low-cost services in your area.