I have a father in law who is very ill. My wife needs to know how can she go by getting power of attorney even if someone else may have it.

Question

I have a father in law who is very ill. My wife needs to know how can she go by getting power of attorney even if someone else may have it.

Answer

Your wife may obtain POA or DPOA if: 1) her father is legally competent and willing to designate her as an attorney-in-fact to act for him in financial or certain personal decisions; and 2) she is an adult, competent, and willing to perform those actions in his behalf. There are forms available or an attorney can draft a form to meet specific intentions and wishes. The POA can be general, specific, apply to most decisions and continue to be effective, even if her father becomes mentally incompetent or physically disabled, until his death.

Answer

The attorney above is absolutely correct. It doesn't matter that someone else already has POA as it can be revoked by the new POA. If you need assistance, please contact my office at 904-576-2581 or email me at [email protected]/* */

Answer

your wife can have a durable power of attorney prepared giving her power of attorney over her father's medical and financial affairs provided her father wishes this and is capable of consenting.

Answer

If your father in law is already incapacitated, your wife can petition the court to remove the step mom from control if she can prove undue influence.