sister's boyfriend controls her w/ old POA

[Thumbelina58]

What is the name of your state (only U.S. law)? Indiana

My sister-in-law was sentenced to prison for 2 years back in 2000, however, she got out after only 8 months. While she was there, she gave her boyfriend her POA to supposedly handle her affairs. She has no property or car, just basically her personal effects. A POA for her is really useless.

He is extremely controlling of her and she is very uneducated. She has tried to leave him several times, but he claims the POA means that she MUST remain with him unless HE is willing to "forego the POA" and let her leave. He uses this POA for literally everything he wants to coerce her into, even saying that it allows him to control who she does/does not talk to. We all know this is a crock of poo-poo, but we can't convince her of that. He threatens to "throw her back in jail to finish her sentence" if she doesn't OBEY him.

Last week, she left him and lived with us for a week. During that time, she changed her POA to myself and another sister. (joint) He convinced her to go back, and she told him about the POA change. He, of course, got really angry and told her that the only one who could cancel his POA was a Judge, and that regardless of what we had, his POA was still in effect. He claimed there had to be a court hearing, with a jury, etc. etc. to "nullify" his document, and until then he "owned her". (his words exactly)

Could this be possible? She has never been declared incompetent, other than being an alcoholic, she is fully aware of her surroundings and can handle what minor affairs she has to on her own. She is 43 years old.

Thanx. Thumbelina

[anteater]

Could this be possible?

No. What the boyfriend claims are his powers is a big crock. But that is probaby irrelevant since he likely would find other methods of control if he did not have the POA document. I assume that you have already urged her to get help and ditch this relationship.

However, merely granting you and your sister power to act as her agent does not revoke the power granted to him. To revoke his power:

IC 30-5-10-1
Revocation of power; record
Sec. 1. (a) Except as otherwise stated in the power of attorney, an executed power of attorney may be revoked only by a written instrument of revocation that:
(1) identifies the power of attorney revoked; and
(2) is signed by the principal.
(b) A revocation under subsection (a) is not effective unless the attorney in fact or other person has actual knowledge of the revocation.
(c) If an executed power of attorney was recorded under IC 30-5-3-3, the revocation of the power of attorney must:
(1) be recorded; and
(2) reference the book and page or instrument number where the instrument creating the power of attorney is recorded.

(Recording of a POA usually is only necessary for some transactions, for example, real estate transactions. From your description, I doubt that the POA was recorded and, therefore, subsection (c) is not relevant.)


ADDITION: When your sister does that revocation, it would be very wise for her to deliver a copy to anyone, like financial institutions, that may be relying on the POA granted to the boyfriend. Third parties are generally held harmless unless they have knowledge, or reasonably should have knowledge, that an agent's power has been revoked.

[Thumbelina58]

THANKS so much for your reply. I think the issues you stated have been addressed:

Sec. 1. (a) Except as otherwise stated in the power of attorney, an executed power of attorney may be revoked only by a written instrument of revocation that:

(1) identifies the power of attorney revoked; and

The new one states that any other POA's previously dated are null and void

(2) is signed by the principal.

That is HER, correct??

(b) A revocation under subsection (a) is not effective unless the attorney in fact or other person has actual knowledge of the revocation.

She, and I told him he had been released as her POA, and that my sister and I would be able to handle anything that may require her to actually have a POA

(c) If an executed power of attorney was recorded under IC 30-5-3-3, the revocation of the power of attorney must:
(1) be recorded; and
(2) reference the book and page or instrument number where the instrument creating the power of attorney is recorded.

It wasn't recorded. She doesn't have a credit card or even a bank account

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Just for your info-- he told us he had power-of-attorney for another 10-12 people, and they were his clients.....

[anteater]

You would need to confirm with an Indiana attorney, but I don't know that a new POA document stating that "any other POA's previously dated are null and void..." would be sufficient. My guess is that a written document revoking the power granted to a specific individual would be necessary.

Yes, she is the principal.

I would staple the revocation to his forehead... just so there is no doubt.

Just for your info-- he told us he had power-of-attorney for another 10-12 people, and they were his clients.....

Clients? This guy is some sort of professional?

[Thumbelina58]

Clients? This guy is some sort of professional?

Yeah, he sure is-- a professional JERK! Doesn't hold a job, claims he doesn't HAVE to work. (my sister has 2 jobs, though) Flashed his little POA documents around everywhere (ie. the hospital when my sister cut herself, telling hospital staff that NO ONE was allowed in to see her other than himself. When staff refused, and let us in, he yelled and screamed that he was going to "sue the city and the hospital" for not "honoring the POA he has." Walks around in 1970 leisure suits and sues people for a living. Claims he always wins, but constantly whines that his bills aren't getting paid. Claims his family "is mafia and worth millions". But he makes his mentally ill brother pay 450./mo out of a 550.00 SSI check to live in a house that his grandmother left to the BOTH of them. Says he hates me because I "dishonored" him by raising my voice to him,m and can't believe my husband allowed me to behave that way.... I could go on and on.....