Is it possible to "undo" a Power of Attorney delegation? And/or, what are some resources where I can find out if it is?
2006-08-07 13:30:55 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
A friend of mine has MS. He signed one to his mom. She is threatning to abuse her power. When he signed the paperwork, it was at a bank with a notary present. No lawyers. In fact, they came out to the car and he signed the paperwork in the parking lot. He lives in Georgia and doesn't want to involve lawyers at this point.
2006-08-07 14:06:59 · update #1
Yes, you can have the power of attorney retracted. I had one done and then had my lawyer cancel it a few years later. Call your lawyer and have him file a retraction for you. If you want to appoint someone else as your POA, talk to your attorney about setting up a limited power of attorney. POA in my opinion is a dangerous thing to give someone over your affairs.
2006-08-07 13:47:36 · answer #1 · answered by Anonymous · 1⤊ 0⤋
A power of attorney is always revocable (unless there is an issue of competency). He should send a letter to the bank (or anywhere else where mom might use the POA) with a copy to his mother clearly and expressly revoking the POA. Send it certified, return receipt requested so there is proof that it was received. If the bank allows mom to take any action pursuant to the revoked POA after it is on notice, it will be liable.
If mom tries to use the POA after being put on notice that it is revoked, she will be committing fraud and be liable for any damages.
Do it ASAP before mom takes some action.
Good luck
2006-08-07 14:42:59 · answer #2 · answered by Steve Wood 3 · 0⤊ 0⤋
You write a statement revoking the power of attorney. Then have it signed and notarized. You then distribute copies of the form to the person that you are revoking POA from, along with financial institutions that might be used by that person. Keep a copy of the POA revocation as well for your records in the event that something arises after the POA is revoked. Have a witness present when giving the POA revocation form to the person you are revoking it from. That way, you can take the person to court if they choose to use the POA after it's been revoked.
2006-08-08 01:31:01 · answer #3 · answered by Mary J 4 · 0⤊ 0⤋
Every state has laws that allow you to cancel a power of attorney. You should consult a local attorney to determine the exact procedures for your state.
2006-08-07 13:52:04 · answer #4 · answered by Carl 7 · 0⤊ 0⤋
you should check with the lawer or paraligel that made up the trust.and yes it can be changed any time befor the person dies.
2006-08-07 13:37:31 · answer #5 · answered by macki4 4 · 0⤊ 0⤋