How do you go about revolking power of attorney?

Question

My great aunt is in her 90's and signed over Power of attorney to her grandson when she was very ill. She is now back in good health and is unhappy about the way her is handeling her finances. Can she revolk the power of attorney? Does she need to contact a lawyer?

Answer 1

According to New York State: http://www.oag.state.ny.us/seniors/pwrat.html

"What's a Power of Attorney?
A Power of Attorney is a legal instrument that is used to delegate legal authority to another...
Once I sign a Power of Attorney, may I continue to make legal and financial decisions for myself?
Yes. The Agent named in a Power of Attorney is your representative, not your "boss." As long as you have the legal capacity to make decisions, you can direct your Agent to do only those things that you want done....
What can I do if my Agent does not follow my instructions?
You may revoke your Power of Attorney at any time.
You should inform your Agent, in writing, that you are revoking the Power of Attorney. Request the return of all copies of your Power of Attorney.
You should notify your bank or other financial institution where your Agent has used the Power of Attorney that it has been revoked.
You should file a copy of the revocation with the County Clerk if your Power of Attorney has been filed in the Clerk's office.
If you decide to revoke a Power of Attorney, it is probably in your best interests to consult a lawyer, and arrange to have a new Power of Attorney executed."

That should be applicable in all 50 States.

First she should draw up a form saying that she is canceling her Power of Attorney, this will be her Statement of Revocation. She should go to her bank and get a Public Notary Stamp on it, most banks do this as a normal part of their service; if not then the fee should be less than $20.00. Then contact her Agent, in writing by Registered Letter, and tell him that she is better now and is canceling her Power of Attorney, he should then return any Powers of Attorney. Include a copy of the Notary Stamped Statement of Revocation. A Registered letter is delivered by the US Post Office and a slip is mailed back to your great aunt. This will be proof that she notified him in writing. The fee isn't very large. Then she should file a copy of this letter with the county records office. After that she should contact all her banks and other institutions and give them a copy of the Revocation of the Power of Attorney. I would recommend that she visit each institution in person and present them a copy of the Statement of Revocation. It will be faster and by showing up in person she is proving that she is able to function now. If she needs your help getting around, that's okay. All the institutions care about is if she is of a "sound mind."

IF after all that her agent is still trying to control her property then visit a lawyer, make sure to bring a copy of that Revocation of a Power of Attorney.

Next time she has to give out a Power of Attorney then have her include: "This Power of Attorney is valid until such time as I notify, in writing, the Agent that it is no longer valid." That should make sure she is in the clear in the future.

Forms:
Durabile Power of Attorney: http://www.findlegalforms.com/xcart/customer/home.php?cat=249&partner=formsguru
Power of Attorney for Heath care decisions, customized for each state: http://www.findlegalforms.com/xcart/customer/home.php?cat=477&partner=formsguru
Revocation of Power of Attorney: http://www.formsguru.com/forms/legal-forms/revpwrat.html

Answer 2

Removal Of Power Of Attorney

Answer 3

If the person is mentally incapacitated and the children want to revoke power of attorney from the husband

Answer 4

All she needs to do is write a letter removing the Power of Attorney.If your aunt knows what creditors have it.Once the letter is done and noratize it and forward it to all creditors and he will have no power.Do it fast.You can seek an attorney if it gets sticky if not all your aunt needs is the letter.

Good luck..

www.foreclosureavoidance.ws

Answer 5

Yes she can (your standard POA is revocable) and she would have to contact an attorney. The sooner the better.

Also some banks have their own POA forms so once she has it changed she will have to contact each bank and make sure each account is changed. Have her get it in writing to be safe. Good luck!

Answer 6

Yes, I believe that she can revoke the power of attorney. In fact, only she can do it. And yes, I would recommend that she contact an attorney to assist her in that process.

Answer 7

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RE :How do you go about revolking power of attorney?
My great aunt is in her 90's and signed over Power of attorney to her grandson when she was very ill. She is now back in good health and is unhappy about the way her is handeling her finances. Can she revolk the power of attorney? Does she need to contact a lawyer?
2 following 9 answers

Answer 8

What do you think?
She needs to contact her attorney

Answer 9

Yes, she can remove power of attourney. She needs to talk to a lawyer.

Answer 10

power of legal expert ability that the holder of the ability can symbolize the guy in legal concerns, make scientific judgements, and different important merchandise or strikes. in spite of if the guy is eighteen, the guy with the ability of legal expert can act for the grownup, make scientific judgements and financial concerns.