Change in Power of Attorney

Changing Power of Attorney in Orange County

California Elder Law Attorneys

Whether from aging or a health condition like dementia, you can become incapacitated and unable to make your own legally-binding decisions. When this happens, a durable power of attorney or POA document allows a designated agent to make medical or financial decisions on your behalf. At some point, you may need to make adjustments to your POA document’s terms, or designate a new agent altogether. You may also wish to remove a negligent agent who has taken advantage of your elderly loved one.

Whatever your needs, our Orange County elder law attorneys can review your POA documents and determine a better course of action, for you or for an elderly family member. We have several decades of combined experience in elder law matters, and we know how sensitive and complex these cases can become. Our compassionate and dedicated legal team will strive to help you find the right solution for your family’s future.

Ready to speak with our team? Contact us online for more information about how to change power of attorney. 

What Can a Power of Attorney Do?

There two main types of POA: healthcare power of attorney, and financial power of attorney. Both documents perform similar functions, and designate an “attorney-in-fact” who can make decisions on behalf of the “principal.” Where a healthcare POA allows an attorney-in-fact to make key care decisions, such as where the principal lives and receives medical treatment, a financial POA defines who will manage the principal’s property and financial accounts.

However, there are any number of provisions that can be included in either POA, and there are subtle differences between the documents that can be difficult to navigate. For instance, a healthcare POA may also be a “springing” power of attorney, which means it can only go into effect once you are deemed mentally incompetent.

Modifying a POA

From changing relationships to concerns about your attorney-in-fact, there are multiple reasons you might want to change your POA. Modifying a POA is a straightforward process – provided that you have the mental capacity to sign legal documents. Although the current attorney-in-fact doesn’t need to be notified, it’s always best to let everyone involved know about any changes, to avoid challenges later on.

Unfortunately, once an individual becomes incapacitated, they cannot change or transfer their POA documents. If your loved one has been manipulated or abused by their current attorney-in-fact, you may need to bring a civil action against the agent, and subject their actions to formal court review. Once the court determines that the current attorney-in-fact is unfit, they can revoke the POA and appoint a conservator to care for your elderly loved one.

Do you need assistance with power of attorney documents, or suspect that your elderly loved one has been abused by an attorney-in-fact? Contact us at (949) 565-4281 for a free consultation.

  • “We highly recommend the Law Offices of Marshall Silberberg for any personal injury case you may be facing. We will forever be grateful for their aptitude to serve families in our community and their support in defending our son’s future.”

    - Diana M.
  • “I can't begin to express how wonderful their service is. Will Collins and Marshall are a great team and will provide you with what you're expecting, plus more. Marshall even personally visited me out of state when I was receiving rehabilitation services.”

    - Amy T.
  • “He and his staff always kept me informed. He personally answered his cell phone whenever I called. He fought for me, and in the end, obtained a settlement in 14 months that was far greater than any of the similar cases I had researched.”

    - Craig F.
  • “There are no words that describe how grateful I am for Marshall, Will, and the whole team. They fought to get justice for my family, myself, and my unborn baby. When it comes to being committed and fighting for justice, they truly do a great job.”

    - Karla B.
  • “Marshall did a great job for me! He was always there for me, if I called he would be right there! He and the whole team at The Law Office of Marshall Silberberg were awesome, 5 stars! Don't know of anybody better.”

    - Charles T.

    Our Values

    What Our Work Means To Us
    • Experienced

      Under our representation, your case will be backed by decades of experience; experience that includes hundreds of trial cases and countless courtroom wins. Our straight-shooting, no-nonsense approach has resulted in hundreds of millions of dollars in verdicts and settlements.

    • Connected

      We have spent decades cultivating close working relationships with an array of physicians and industry experts. We use these connections to provide invaluable insight and expert testimonies on the cases we take to court.

    • Compassionate

      At our firm, the attorney-client relationship is sacred. We are committed to bringing a sense of peace to the victims and families we represent. Nothing is more rewarding than when we can help our clients ease the pain and frustration their injuries have caused them.

    • Results-Driven

      Our tenacity and work ethic set us apart. We’re not afraid to roll up our sleeves and really get to work on a case. From our personal meetings with prominent field experts to the development and strategy of your overall case, we will zealously stand by your side from start to finish.

    You deserve to be compensated - contact us

    Call us at (949) 565-4281 or fill out the form on the right to inquire about your free consultation.

    • Please enter your first name.
    • Please enter your last name.
    • Please enter your phone number.
      This isn't a valid phone number.
    • Please enter your email address.
      This isn't a valid email address.
    • Please make a selection.
    • Please enter a message.
    • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
    • The National Trial Lawyers
    • Top 25 Brain Injury Trial Lawyers, National Trial Lawyers Association
    • 10 Best Attorney
    • America's Top 100 Attorneys
    • Super Lawyers
    • International Academy of Trial Lawyers
    • US News Best Lawyers: 1989 - Present
    • American Board of Trial Advocates
    • AV Preeminent