• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

how do i go about getting power of attorney revoked?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

cococountystacy

Junior Member
What is the name of your state (only U.S. law)? i live in california and my mother signed a power of attorney agreement giving her grandson control of her finances under false pretenses. he immediately took out a second on her home, supposedly to "remodel it" and two years later no improvements have been made and the $175,000 is gone. She lives on a fixed income and each month he cashes her check, leaving her with approximately $100 for her monthly expenses, forcing her to live on credit cards
 
Last edited:


anteater

Senior Member
If your mother is still legally competent, she takes action to revoke the power.

See the applicable sections of the California Probate Code:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=04001-05000&file=4150-4155

If your mother is no longer competent, you will need to obtain guardianship/conservatorship for her in order to act on her behalf. See an attorney with experience in family/estate law.
 

latigo

Senior Member
Anteater heep smart fellow, but I would have her sign a dozen notices of revocation of the power WHETHER SHE IS COMPETENT OR NOT and then let the rascal try to prove that she is not competent, which places him in an interesting “Catch-22”.

The “Catch-22” (assuming that this is just a general power and not one coupled with an interest or made durable), is that if she is mentally incompetent then the power was automatically rendered null and void on the advent of incompetence and the notice of revocation is superfluous.

If she is competent she has the legal prerogative to unilaterally revoke the power at any time.

Then send copies of the Notice to everyone in sight!

ALSO, as anteater mentions, you should look into the guardianship/conservator process and perhaps sue this thief in civil court - PLUS file criminal charges for embezzlement.

This is another example of why I rarely allow a client to grant anyone a POA! And then only for limited purposes with short duration.

Historically they cause a hell of lot more harm than good. Just follow these forums and read about the abuses and most if not all by “caring family members” that can’t seem to wait for them to drop dead!

Sax
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top