Can you revoke a Power of Attorney?

Follow
Share
This question has been closed for answers. Ask a New Question.
9

Answers

Show:
Thanks for the info, we live in TN and she lives in KY, the drive is not bad for us, but older sister who just turned 100yrs. old on July 16 would love to see her, but really can't take the drive b/c it's hard on her. We took her to KY to celebrate her birthday with her sister and she said it made her dissy. We are gonna check out the agencies on Monday and see what can be done. I'm just very sad that, that was the last time 2 very loving sisters will see each other. It has never come up before b/c this is the 1st time she has asked us for help, letting us know that she doesn't wanna have to make meals anymore or mow the lawn or worry about remember to pay the bills or cleaning out her gutters(yes she still did that by climbing a ladder). We did not want to make her feel dependent so we would just call in and check on her and visit her when we can. After this recent time spent in the hospital she asked us to help and that's when we decided it was time, only when she asked and not just step in whenever we wanted to, we didn't want her to resent us because we took her independence away. But when the time came to help her we found out that someone else had stepped in under the guise of helping her, but we know they only did it b/c she was the lonely old woman living at home by herself. We(my dad before he died and myself) went through a similar situation with his mom my grandmother. The bank where she lived was her power of attorney, but once it was time to take her to live with us in TN(being taken good care of) my dad was in her will as the one to make her decisions and to pass everything along to him. But this sounds like it's gonna be a fight which it shouldn't b/c we just want her with her sister and they can pay her expenses. We're not her for money we just want the best care and for her to be reunited with her sister. Check her older sister and myself on Facebook. Place For Care. It's in Knoxville TN. Her name is Mildred, the woman sitting in the wheelchair inside and i'm the young man with the low beard and a happy smile.
Helpful Answer (2)
Report

My heart goes out to you guys. The only thing I can think of is to consult with an Elder Law Attorney. Seems like this would have come up before I am sad to say. Don't know if the local area office agency on aging could help or not but you might try there also. (listed under gov't, human resources)
Helpful Answer (0)
Report

I went to visit my Great Aunt in KY, while in the hospital recovering from surgery. We(my wife and myself) stayed for 2 days until they hospital transfered her to Redbank rehab per doctor to get maybe a week or 2 of rehab. She kept asking us questions we didn't have answers to. So she told us who to get in contact with to find out info. We called someone at the bank she banks at and later found out they have POA and Health POA, and they also had her sign an Irrevocable trust. The lady came over and we explained to her what we would like to do with our Aunt, was to take her to TN with us to visit her sister, b/c she no longer wanted to stay at her home by herself. So we offered to take her. The POA says it was ok and that they would pay her bills. But once released from the hospital and taken to rehab(which we were told we could follow her over there and our aunt wanted us to be there with her) When we got there the POA was there to greet her, then the staff at the facility took her to a room and we were told we couldn't go and to wait in the hall. We then asked can we go say goodbye and that we'll be back to check on her, they told us that they can't do that unless they had permission from her POA. We waited for 1hr in the hallway and realized they were keep us from seeing her. We then called the Police who came, i explained what was happening, then they went inside and spoke with the POA and the staff at the facility for about 45 minutes, then they came out and questioned us asked us for ID, call history in our phone, etc. They(police,POA, and a friend of my aunt's) went back inside to her room while we were kept outside for about 30 minutes, then the police came outside asked us if we had anything left at her house(which we had permission from my aunt to stay there) we said yes, that's when the police told us my aunt doesn't want to see us EVER again and that we were to have no contact with her and if we did it would be criminal. We never got to speak to her, She will be 96 yrs. old this Sept. and very competent, she lived at home till now, mowed her own grass with a push mower, hung out with friends, still gardened and kept her home in immaculate shape. This POA i guess felt threatened that we were there to mess up what ever financial planning she did with her, we just wanted to take her to live with her sister which she told us she wanted to do and not be in an assisted living where she knew no one. But that POA kept telling her how she should go b/c she's been there before and she didn't want her to go out of state. She(POA) even agreed to pay for her expenses at the place she would stay with her sister and then when we got to the rehab it all changed for the WORST. Any help in what can be done or where to go would be greatly appreciated?
Helpful Answer (0)
Report

My dad had done up a will and Durable Power of Attorney after my mom passed away 4 years ago. Less than a month ago, my dad's girlfriend had my dad (who had a stroke 9 months before) change his will and also did up a new POA. The ink wasn't even dry and she advised my dad's children that she has POA now and the house will go up for sale and 2 days later she changed the locks and we no longer have the keys. We feel my dad is not able to make the decisions to change his will, but found out from a lawyer that it's a large threshold for competency to sign that. We just want to know what we can do, as we think he is being coersed into doing what his girlfriend wants. We have one of his doctors saying he is incompetent and another saying he is not. She won't let us visit him alone, and she puts the phone on speaker everytime we call. Is there anything we can do about it. His stroke in Feb 13' was a severe stroke still with incompetency.
JP
Seattle, WA
Helpful Answer (8)
Report

Susie: No, you can't. Your mom is the only one who can but since she is incompetent, the POA cannot be changed. You can file a complaint with your local adult protective services charging your sister with exploitation. Should you choose to hire an attorney to fight your sister's POA, make sure the attorney you hire is an estate law attorney and focuses in this specialty. Also, be prepared to spend thousands of dollars. You might approach your sister with an offer to mediate or become her co-power of attorney. Good luck! I've been there and done that after $4500 and no resolution. At the end of the day, it's my Mom that counts for me.
Helpful Answer (0)
Report

my sister has power of attorney over my mom who is imcompetent, she is making irresponsible descisions, going against her wishes and squandering her estate. What can I do? CanI revoke her poa and assume the position my self?
Helpful Answer (1)
Report

Intrepid, I am living proof that POA can be revoked. My mom has revoked MY POA, taken me out of the will and is suing me. Talk about a sweetheart! Any illicit happenings going on in this situation were NOT done by me. I had to hire a lawyer to defend myself against my OWN mom. I told my lawyer I never acted on my duties of POA but someone has told mom she could "get" me because she thinks I stole her bank statements (they're mailed to her house), her original SS card/Medicare card (she left her purse in the cart at Walmart parking lot), her will(it and other papers have been at my house, per her request, since they were picked up at the lawyer's office). So instead of remodeling the bathroom to accomodate my ill husband, I'm spending MY money defending myself. Oh yes, she is such a sweetheart!!!
Helpful Answer (0)
Report

Yes. Bigger question whether you should male sure such revocation is circulated to all of your accounts and creditors. YES!!!!!! Notify the former attorney in fact by certified mail that they have been relieved of their duties as of X date, that they are to conduct no further business on your behalf, and that any pending transactions should be itemized for your / your new POA's immediate attention/remediation. Run don't walk the revocation to the bank and your broker, etc. if you suspect illicit happenings.
Helpful Answer (0)
Report

yep it can be done.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Related
Questions