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Changing Agents in an Ohio Power of Attorney Agreement

Changing Agents in an Ohio Power of Attorney Agreement
June 7, 2018 Shannon Dawes
Columbus Ohio estate planning attorney

When you create a power of attorney document, you take care to select the most appropriate person to act as your agent. At some point, though, you might decide you would like to change agents. Dawes Legal, LLC, discusses below whether and how you can change agents in your Ohio power of attorney agreement.

Situations for Changing Power of Attorney Agents

You likely gave significant thought to the person you chose to appoint as your agent or attorney in fact when you drafted your power of attorney agreement. While that person might have been the best choice at the time, some situations might occur that leave you in a position where you want to or have to appoint someone else. This is perfectly legal to do in Ohio. You have the power to revoke or change your power of attorney document at any time, including for the sole purpose of switching agents.

A few common situations in which you might need or want to change agents include:

  • Death – If your agent passes away, your power of attorney will be no longer be effective. You will need to create a new power of attorney document that appoints someone else to serve as your agent or attorney in fact.
  • Illness – If your agent falls ill, and you do not think he or she can make decisions on your behalf, you can change your agreement to appoint a new agent.
  • Disagreement – After creation of your power of attorney agreement, you might find yourself in a disagreement with your agent that causes you to doubt the ability of your agent to act in your best interests. In this situation, you will want to change your document to appoint someone with whom you feel more comfortable playing this important role.
  • Nonperformance – If your agent fails to take action or fails to act appropriately on your behalf, you have the right to terminate his or her authority and appoint someone else in his or her place.

When you want to change your agent, you do not need the permission of your existing agent. You can simply notify your agent that he or she no longer has the authority to act on your behalf. You also do not need to file any paperwork to make the change. However, if you have filed a lawsuit in your current agent’s name, you will need to work with the court overseeing your lawsuit to substitute parties. Otherwise, you do not need approval of a court to change your power of attorney document.

If you are considering changing agents or making any other amendments to your power of attorney agreement, you need a lawyer you can trust to carry out the process. Contact Dawes Legal, LLC, to work with one of our experienced Ohio attorneys. You can quickly schedule a case consultation by calling (614) 733-9999 today.