How can a durable power of attorney be ended?

1 answer | Last updated: Sep 14, 2017
A fellow caregiver asked...

I have durable power of attorney for my mother. Can anyone take it from me? She is 89 and has dementia.

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.

Couldn't quite tell from your question whether you were worried that someone else might want to step into the role of serving as attorney-in-fact for your mother -- or whether you wanted to be relieved of the duty.

Generally, the person named as attorney-in-fact in a durable power of attorney is entitled to keep the job as long as he or she is willing and able to do it. About the only exception happens rarely: When another person raises the claim that the attorney-in-fact is not acting in the best interests of the person he or she is meant to serve -- and a court agrees. In such cases, the alternate attorney-in-fact, if one has been named, usually takes over the job.

If you would rather be relieved of the job, see if an alternate has been named who is willing to take on the duties. If there is no such person, you might want to consider starting conservatorship or guardianship proceedings to make sure there is someone to manage your mother's property and personal care.