Oklahoma Durable Power of attorney question:
My grandmother has dementia but is compentent most of the time, she knows what is going on around her, the date, what ever is currently on the news ect..
My grandmother wants to revoke or transfer durable power of attorney from a family member.
My grandmother doesn't get along with said family member. They are constantly fighting and there has been some questionable things that have happened such as said family member screaming, yelling, and spending her money on things not not needed, throwing items such as cups at my 85 year old grandmother.
My grandmother wants to revoke the POA if she cannot revoke it she wants to transfer it to me or her brother.
What would need to be done to revoke it or transfer it?
As to grandmothers mentation, she is either well enough or not to go to the attorney (you can attend but will be asked to leave while he/she questions grandmother.) The attorney will decide that. If she IS well enough the attorney simply makes a new POA, one listing you. The first is withdrawn by letter to the current holder.
Then your work begins. You take the new POA to each and every bank, entity, MD, etc that grandmother has, saying the old POA is withdrawn and you are the new one. You learn how to sign as POA. Basically you learn it ALL remembering that this is a legal Fiduciary duty with a whole lot involved.
If the attorney examines grandmother and decides she doesn't fully understand what she's doing he/she will refuse to act in this matter. You can then explore guardianship, which involves courts and costs.
See the elder law attorney of your choice with your grandmother.
Recently my BIL visited us. He and his wife have no children (they live in AZ). I recommended they make one of their 2 local nephews as DPoA or trustee for themselves. On this recent visit BIL told me he made his *brother* (my other BIL) -- only 2 years younger than him and somewhat of a dimwit -- his trustee. I realize it is a trust issue (no pun intended) but people just cannot imagine the poop show that can unfold at a time when having a competent and available legal manager is critical.
The service will cost somewhat more than going to the office.
Find out.