Questions and Professional Answers

• We need to revoke a power of attorney, but we cannot remember the date it was si

  My parents have a durable power of attorney on me that I would like to revoke, and give someone else the power of attorney over me. The problem is that I am not talking to them at this time, and I do not know the date which I signed it. They never gave me a copy or this would be alot easier. Is there a power of attorney revocation that does not require the date when the power of attorney was signed?Please help,

  • Re: We need to revoke a power of attorney, but we cannot remember the date it wa

    Revocation of all Previous Powers of Attorney I here by revoke all Powers of Attorney executed and delivered by me prior to the date of this Revocation.Signed/NotarizedFile this where the POA was filed; send a copy by Certified Mail, Return Receipt, to all those holding a copy of your POA.

    Charles Aspinwall
    Charles S. Aspinwall, J.D., LLC
    PO Bx 984
    Los Lunas, NM 87031-0984

• revoke a power of attorney

  How do you revoke or stop a power of attorney's power who is in charge of your monies but will not respond to your needs such as rent, clothing, etc. even through this person has signed a legal document that has been notorized to do so.

  • Re: revoke a power of attorney

    You "record" your notarized revocation of the power of attorney at the Recorder of Deeds office. That gives constructive notice to everyone who is relying on the document. It makes them liable if they honor it. You should also send a copy of the revocation to all persons who might rely on the document (like the bank, etc.). If that doesn't work, you can bring a suit for breach of fiduciary duty.Good luck.

    Anthony DeWitt
    Bartimus, Frickleton Robertson & Gorny, PC
    715 Swifts Highway
    Jefferson City, MO 65109

  • Re: revoke a power of attorney

    A competent adult has the right to revoke a power of attorney, unless they have contracted that right away. In addition to the previous advice, the first thng you do is send written notice of the revocation to the Attorney in fact (person who has the authority under the power of attorney). It does nto hurt to have the revocation notarized. If the person is not competent, than the Power of Attorney may be revoked by having a Guardian and/or Conservator named for the person by the Probate Court.Good Luck

    Anthony Smith
    LawSmith
    P.O. Box 2336
    Lee;s Summit, MO 64063

• revoke power of attorney

  can a parent living in another state revoke power of attorney and give power of attorney to another family member

  • Re: revoke power of attorney

    Thank you for your question regarding a power of attorney.A power of attorney can only be given by an individual who is competent. If an individual is not legally competent, then he or she lacks the authority to give another individual a power of attorney. The power of attorney will expire when the person who gave it is no longer competent, unless the power was a "durable" power of attorney. In that case, the grant of a power of attorney survives even if the person who gave the power becomes legally imcompetent. If the person who gave the power of attorney is still competent, it can be revoked at any time, and given to another person -- whether or not that the person receiving the power of attorney is a relative. This is a general statement of the law in Minnesota and, for the most part, Minnesota law on this point is consistent with many other jurisdictions. You would need to consult a lawyer in the state under who's law the power was granted to be certain of the effect of its laws. More facts are also required to evaluate the issue. Good luck.

    John Jesperson
    Minnesota Lawyers - Jesperson Law Offices
    5200 Willson Road, Suite 150
    Edina, MN 55424

• Revoke Power of Attorney

  My Mother had to give her Father Power of Attorney when her Husband died in order to have a place to live. She now wants to live with me but we will have to revoke his power of attorney. Can he stop us from doing this? He controls all of her money.

  • Re: Revoke Power of Attorney

    No, you would have no authority to revoke a POA given by your mother to her father. She, of course, if stillmentally competent, could revoke thePOA. However, if such is not the case and she is no longer mentally competent to carry out this task, then the matter will likely have to be put before a court of competent jurisdiction to appoint a conservator who, once appointed, would thusly be empowered to assume control of all of your mother's financial affairs.You, as your mother's daughter, could petition the court to be appointed to such a conservatorship.

    Michael E. Hendrickson
    Attorney & Counsellor at Law
    211 North Union Street Suite 100
    Alexandria, VA 22314

• power of attorney

  my sister-in-law is power of attorney she put my mother-in-law in a nursing home there's nothing wrong with her. She wants to revoke power of attorney from her daughter her daughter is having a blast with Jeans money and home, can she revoke power of attorney and how she's in a home. she wants my husband her son to take over. please help

  • Re: power of attorney

    Yes, anyone who has the mental capacity to manage their own affairs can revoke their Power of Attorney(POA). What you describe is criminal activity and is subject to conviction. In addition the Attorney has personal liability for any use of Mom's money or property.Mom should immediately revoke the POA, IN WRITING, and witnessed by an independent third party--perhaps a reliable witness where she lives. Her doctor should examine her and provide a certificate of capacity at the time the POA is revoked. Then a lawyer, who knows this area of law, should see Mom and do a new POA and demand the return of the previous document( all copies). The new POA should be served personally or by registered mail on Mom's bank or banks. The new POA should be registered at the land titles office. Do not wait. This is behaviour that is dangerous to mom's wellbeing--both financially and emotionally.

    Johanne Amonson
    Johanne L Amonson, Q.C. Prof Corp
    6304 145A St.
    Edmonton, NUS T6H4H9

• power of attorney revocation

  I am the Agent named in a power of attorney. The revocation clause in the document specifically says that the principal must sign and deliver written notice to revoke. It does not mention that anyone else may act on her behalf. Is a letter from her attorney, signed only by the attorney sufficient to revoke?

  • Re: power of attorney revocation

    Sounds as though you are the named attorney in fact. I agree with Mr. Busch, that you would do well to confirm with the principal that this is what she wants, but understand that an attorney at law can act for a principal when an attorney in fact may not. The attorney's letter may well be effective; but if the principal is no longer competent it raises a huge issue. Best advice I can give you is to have a consult with a local attorney and get independent legal advice.Hope this helps. Elizabeth Powell

    Elizabeth Powell
    ELizabeth Powell PS Inc
    535 Dock Street, Suite 108
    Tacoma, WA 98402

  • Re: power of attorney revocation

    You can probably insist on a written confirmation from the principal individual. Are you concerned about competency? Obviously if he/she is competent, the fact that you received notice should be sufficient warning for you not to take actions on behalf of the principal until you get this matter confirmed/resolved.Remember, I'm an attorney but I'm not YOUR attorney. Only a thorough review of your situation by a competent attorney after an attorney-client relationship has been established will result in an informed legal opinion.

    Bruce Busch
    Ditlevson Rodgers Dixon, P.S.
    324 West Bay Drive NW, Suite 201
    Olympia, WA 98502

• Revoke Power of Attorney

  I work in a Nursing Home and have a resident that signed a Power of Attorney giving his family authority re: medical and financial decisions and NOW wants to revoke it - what does he need to do? I'm not sure of his financial standing so, it this something an Attorney has to do or can forms be obtained that he can complete and then submit? Thanks..

  • Re: Revoke Power of Attorney

    Dear LawGuru Friend, If I were faced with this problem in my law office, I would first check out the articles on Mandate in the Louisiana Civil Code. I am pretty sure, however, that what the patient (principal) needs to do is to write a letter to the agent (one to whom he or she gave power of attorney) advising him or her that the power of attorney is now revoked. Registered mail is better than certified mail, and certified mail is better than ordinary uncertified mail. Also, a personal witness can deliver the written revocation. I do believe the revocation should be in writing. Then, as much possible, the principal (one who gave the agent power of attorney) should notify any third-parties that he or she feels the agent might attempt to do business with on behalf of the principal that the power of attorney (mandate and agency relationship) has been revoked. Of course, if the written power of attorney (mandate) states how the power of attorney is to be revoked, then that stipulation should be complied with. There is more to it all than this, but his is something to think about. Best of luck! Sincerely, Hardy Parkerson, Atty. LA Bar No. 10327 - Lake Charles, LA

    Hardy Parkerson
    Retired Attorney; now Law Professor
    3309 Common Street, Suite B
    Lake Charles, LA 70601

• revoke power of attorney

  My father-in-law has signed a power of attorney (not sure if it is general or not) granting my sister-in-law all rights. He has now changed his mind and would like to revoke it. The problem I can forsee is that he won't be able to remember the date of the power of attorney or the name my sister-in-law has used(she has been married and divorced several times and uses her last married name and her maiden name). Can both names be used as attorney in fact?Also does the date need to be exact because I'm sure he won't be able to remember it?

  • Re: revoke power of attorney

    You've received two good responses. Assuming he's competent to do so, your Dad can create a new power of attorney, state in the new one that he revokes all prior powers of attorney he has given, and make sure every third party who might rely on one in connection with your fathers affairs -- e.g., banks, brokerages -- has a copy of the new one. this is not complicated, but there might be issues you would want covered that are not addressed in the standard power of attorney forms you can buy at an office supply store or oneline. best to consult with an estate planning attorney to make sure your father is fully protected.

    ROBERTA AVRUTIN
    Roberta Avrutin Law Offices
    8383 Wilshire Blvd.,Suite 510
    Beverly Hills, CA 90211

  • Re: revoke power of attorney

    You've received two good responses. Assuming he's competent to do so, your Dad can create a new power of attorney, state in the new one that he revokes all prior powers of attorney he has given, and make sure every third party who might rely on one in connection with your fathers affairs -- e.g., banks, brokerages -- has a copy of the new one. this is not complicated, but there might be issues you would want covered that are not addressed in the standard power of attorney forms you can buy at an office supply store or oneline. best to consult with an estate planning attorney to make sure your father is fully protected.

    ROBERTA AVRUTIN
    Roberta Avrutin Law Offices
    8383 Wilshire Blvd.,Suite 510
    Beverly Hills, CA 90211

  • Re: revoke power of attorney

    I'm not sure I understand the question, but if it's about revoking the previous powers of attorney, he can do that with a simple sentence in the new power of attorney revoking all prior ones. The new one should be sent to all institutions holding his accounts so that they have notice of the revocation.

    Chris Johnson
    Russakow Ryan Johnson
    225 South Lake Avenue, 10th Floor
    Pasadena, CA 91101

  • Re: revoke power of attorney

    I suggest, as the most simple means, that he create a new one and include the language that the new one revokes and superceeds all power powers and that all prior powers are hereby terminated.He may want to include all of the names that he knows her by in a line stating including, but not limited to the following prior powers of attorney.If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm’s website located at PasadenaEstatePlanning.comIMPORTANT:No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.

    Scott Linden
    Scott H. Linden, Esq.
    1510 Cotner Ave
    Los Angeles, CA 90025

• power of attorney

  The friend of mine who lives in Taiwan. He signed a ''Power of Attorney'' to someone to do his real estate transaction five years ago in New York. I am not sure the ''Power of Attorney'' should still be enforced. If he wants to revoke the power, any legal procedure should be followed? Thanks a lot.

  • Re: power of attorney

    Dear Sir/Madam A threshold question: Does the power of attorney document ("P/A") have a time limit? Many do - if so, then it may have already expired. If the P/A does not state a time limit, then it remains in effect until the granted powers are executed, or your friend (the "principal") dies or is incapacitated, or it is revoked by the principal. Revocation should be done in writing and delivered to the attorney by reliable and provable means; if the P/A/ was notarized, the revocation should also be notarized. One other point: If the principal knows that the attorney is dealing with certain people in connection with the powers granted under the P/A, those people should receive a copy of the P/A revocation. I am available to advise or assist in this matter if you or your friend desire. I do not do real estate; rather, I specialize in international trade and commercial transactions. I deal with transnational P/As all the time, and I have clients and contacts in Taiwan. Sincerely

    Charles Bayar
    Charles H. Bayar, Esq.
    44 Lynwood Road
    Scarsdale, NY 10583

• Revocation of Power of Attorney

  What is the procedure or form needed for the AGENT to revoke a Power of Attorney and/or Health Care form? I realize there are forms for the individual to revoke the agent but what if you no longer want to be the agent?

  • Re: Revocation of Power of Attorney

    There's no such form, since you cannot be forced into acting as an agent against your wishes. If contacted as an agent, a letter stating that you refuse to serve as agent should be sufficient.

    Peter Bradie
    Bradie, Bradie & Bradie
    6606 FM 1488, Suite 148-363
    Magnolia, TX 77354-2544

  • Re: Revocation of Power of Attorney

    Probably the easiest way is to shred it.However, many people would consider it polite to tell the principal that you did not want to be the attorney-in-fact (one who acts as an agent under the power-of-attorney), so that he will have the opportunity to get a substitute.

    Charles White
    Charles G. White
    500 S. Taylor, Suite 505, LB 201
    Amarillo, TX 79101