Liz, definitely contact an attorney in your area. Typically when a new POA is executed it contains language in the document that "specificially revokes any and all POA's heretofore (or previously) executed". You shouldn't need to execute a Revocation of Power of Attorney unless you are concerned about the prior "attorney in fact" executing documents on your PALS behalf that could prove to be detrimental to your PALS either financially or otherwise. In that case, I have my clients execute a Revocation of POA and file it in our local Probate Office which puts the public on "notice" that the old POA is no longer valid. So long as your PALS has the mental capacity to know what "powers" he/she is conveying via the POA, there should be no problem executing a new one. Of course, I only practice in Alabama, so I strongly recommend you contact a local attorney who is most familiar with particular State laws. (Make sure you mention to the attorney that your are a CALS and need to have the HIPPA powers/release of information clause set forth). By the way, typically, it doesn't matter if the current attorney-in-fact wants to give up their powers or not--it's the PALS decision. Best of luck! Forgot to mention....in most states, even if your PALS is unable to sign there is a provision that allows them to sign by their "mark" (could be an "X" or like symbol"). It may take 1 or 2 more witnesses to the execution, but it should not make any less valid!
Ruth
