Ask an Elder Attorney: Altering the Power of Attorney

I've often had to advise parents not to name all of, several of, or two of their children to act together under legal documents such as Enduring Powers of Attorney. Unfortunately, many parents still choose their representatives based on either "honouring" someone by naming them, or a fear of hurting someone's feelings by leaving them out. Neither of these are good decision-making strategies. The end result is that there are too many cooks in the kitchen. Too many people trying to make decisions. Too little co-operation and compromise between those with legal control over their parents' assets.

In this article by Craig Reaves, who writes a column called The New Old Age  for the New York Times, he addresses the question of how to change the Enduring Power of Attorney when two or more attorneys are not getting along. The article is American and therefore uses American terminology, but the points made are the same that would be made here in Canada.

Mr. Reaves advises readers to take a look at "state law". To find your applicable local law, click on the link provided on this blog to CanLii.org, an excellent, easy-to-use FREE legal research site.