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revoked Power of Attorney?

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What is the name of your state (only U.S. law)? New Jersey
My mother, who lives in New Jersey and is now 94, had given me durable Power of Attorney 10 years ago. I live in Ohio and even though I have an older sister who lives in New Jersey, my mother decided I would be best suited for POA as opposed to sister in New Jersey because of previous incidents with my sister and my sisters son which concerned my mother regarding trust issues with them. I have been informed by my sister that on December 28, 2011, while my mother was visiting her, my mother requested to go to her attorney and have a new Power of Attorney drawn up naming my sister as her Power of Attorney and that my mothers instructions to my sister were that I was not to know of this. Sister told me not to mention to mother that she told me. I am under the impression that when you revoke someone's Power of Attorney that they need to get a written notification from the principal. Is this correct? From what I understand, until I receive written notification I still have the authority to act as mother's attorney-in-fact if needed. I don't understand why my mother has not mentioned any of this to me and I am beginning to smell a rat (sister).:confused:
 


curb1

Senior Member
This could be something as simple as sister's location being considerably easier to handle the local business for your mother. It makes sense.
 

anteater

Senior Member
I suggest that you familiarize yourself with the NJ statutes pertaining to powers of attorney, beginning with:

http://law.onecle.com/new-jersey/46-property/2b-8.1.html

Particularly:

46:2B-8.10. Revocation.

10. Revocation.

A power of attorney is revoked when the principal has caused all executed originals of the power of attorney to be physically destroyed; or when the principal has signed and caused to be acknowledged in the manner set forth in R.S.46:14-2.1 a written instrument of revocation; or when the principal has delivered to the attorney-in-fact a written revocation. Unless expressly so provided, the subsequent execution of another power of attorney does not revoke a power of attorney.
 
revoked Power of Attorney

So, then what you are saying is that until I get written notification of the change my existing Power of Attorney is still in force?
 

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