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  1. #1
    thegal is offline Junior Member
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    Nov 2006
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    Removal of Power of Attorney

    What is the name of your state? CA

    I was wondering if there was a process for removing a power of attorney? A friend of mine has a senile mother that signed one of her mentally unstable sons power of attorney and I was hoping there was a process to remove him or at least have his mental stabillity brought into question, the mother has long been senile and he may be taking advantage of it. She has a revocable living trust.
  2. #2
    tranquility is offline Senior Member
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    There is a process, but you will have to prove the person is incompetent (In a legal, ability to make a decision, way.) or has breached his fiduciary duty. However, you have many hurdles to overcome. The concept of standing is one. This makes the process long and difficult and an attorney will be required. You will give this attorney lots of money up front.
  3. #3
    Dandy Don is offline Senior Member
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    The stable son may want to acquire guardianship which would give him financial control--talk to a family law attorney. The power of attorney is not a valid legal document since a person with diminished mental capacity is not considered sound enough to enter into any type of agreement. He can consult an attorney and get it squashed and also have the unstable brother produce an accounting, backed up with receipts for any monies he has withdrawn.

    DANDY DON IN OKLAHOMA (tiekh@yahoo.com)
  4. #4
    garrula lingua is offline Senior Member
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    It may be appropriate to notify Adult Protective Services and let them check on the situation.

    google 'elder abuse in california'

    ...some counties have a Public Guardian who is mandated to handle incompetent person's affairs.

    have a look at:
    [url]http://www.la4seniors.com/elder_abuse.htm#first%20responder[/url]

    ...it really IS important that we keep an eye (and a hand) out for those less fortunate.
    Good on you for caring.
  5. #5
    boostm3 is offline Member
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    Jan 2006
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    >>I was wondering if there was a process for removing a power of attorney<<

    I dont know if this satisfies your need, but in my case, my Mother had POA authority for my father.. Last month, she resigned this POA to me, granting me the authority to sign for him. This was a voluntary resignation of POA.. I take it in your case, youre looking for a process to forcibly remove somebody's authority in this regard. something like a forced resignation, if such a thing exists.. I hope you find it..
  6. #6
    Pat88998899 Guest
    Quote Originally Posted by thegal View Post
    What is the name of your state? CA

    I was wondering if there was a process for removing a power of attorney? A friend of mine has a senile mother that signed one of her mentally unstable sons power of attorney and I was hoping there was a process to remove him or at least have his mental stabillity brought into question, the mother has long been senile and he may be taking advantage of it. .
    My mother is in a similar situation. My brother has POA, and my mother appears mentally ill most of the time because she won't eat the food that he insists she eat, so goes to bed hungry, and is up for hours in the night, gets to sleep early morning, and then is woken up out a sound sleep at 7 a.m. to have breakfast. Then she is a basket case all day. He has been having her sign over her savings to him and my sister. this has been going on for a few years, and now my brother and sister had my mother buy a house of theirs that would not sell.

    I reported them to Elder Services. Can they get away with this, if they get her to say that she agreed to it. They can get her to agree to anything because she is so out of it.

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