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The only time the court (and there has to be a court-order) appoints a person to be a POA, or a Conservator/Guardian over an adult is if the adult in question is incompetent and unable to be responsible for themselves or they have become incapacitated. These are the only reasons why the court does this.
In order for your son or anyone to have been appointed by the court to be your POA, you would have to have been appointed an attorney from the court to represent you. No one would have been able to become your without your knowledge and a lawyer explaining it to you unless you were incapacitated at the time. Like in a coma or something.
Ask your caseworker to meet with you and your son to ask them questions you may have.
This cannot happen without your consent if you have all your faculties.
Designed = Resigned?
He can resign without you agreeing to it, but I'm pretty sure you would need to be told.
Do you have 2 sons? Having a case manager indicates you are receiving benefits from the county social services. Legal guardian? Medicaid? Other?
What happened 3 years ago? If you didn't even notice there'd been a change then why is it an issue for you now? Why is there a caseworker involved?
Please provide more information so we can help you better.
If you choose to change POA then you will need to consult with an attorney that is well versed in elder care matters to change the POA. If you are deemed competent to make sound decisions by the attorney you can change the POA to one of your choice. It is very wise to have both Financial and Medical POA to act in your best interest should it be needed. Otherwise the state appoints a guardian to act as appointee over you.
There is no doing this behind anyone's back. If a person does not designate a POA legally and they become in need of one, the court appoints one.
A notorized POA document isn't legal. When a person appoints a POA for themselves, this is done in a lawyer's office. The lawyer signs this paperwork and it is stamped with the stamp of the lawfirm. There is no need for a public notary. I am a public notary and the only time a POA document is notorized by a notary is if additional copies are needed.
As for the nonsense of something being a legal document if there's three people to witness it, well that's just plain ridiculous. Maybe that was so in the 1800's when people were out on the frontier in the middle of nowhere, but not today.
Legal documents are professionally done by attorneys. Or people take a chance and download them from the internet and have them notorized.
A POA can only be given by YOU, yourself. Not by anyone else.
If you are competent, then take this POA to your attorney and withdraw the POA if you do not wish you son to be POA. Be certain you appoint a WILLING and COMPETENT and able substitute in his place. You will then send a notice to all banking, stock, etc entities letting them know your prior POA is withdrawn and that the new one is named.
This is a horrific job. I did it. If this person is keeping records and paying bills, this is a tough job.
Let your son/POA know that you are withdrawing POA at once.
You will be examined for competency by the attorney.
Tell your son who he should hand over all records to date to after the new POA is in place.