Tag Archives: Revocation of Power of Attorney

IF MOM IS INCOMPETENT, HOW CAN WE REVOKE HER POWER OF ATTORNEY?

Q: How can durable power of attorney be revoked form an incompetent person? My sister and I have durable co- POA for my mother who is incompetent. Now my sister is suffering from dementia. We have one other sibling.

A: Do you mean how does an incompetent person revoke their POA? An incompetent person has insufficient competency to revoke their own POA. Read the POA carefully or have a lawyer review it for you. The POA either requires both of you to act together as co-agents or allows you to act independently of each other. So, if it allows you to act independently of each other and your sister develops dementia, you can act for mom and you don’t need your sister. If the POA requires you to act together, you have a problem. Since mom is incompetent, she cannot sign a new POA and you will need to file for a Guardianship through an attorney. It would be well worth the consultation fee to have a lawyer look at the POA. If you are co-agents with your sister, perhaps a motion in Orphan’s Court to remove your sister as agent due to her being incompetent, if that is the case, may work. A closer look at the facts will be necessary before advice can be given.

IF MOM IS INCOMPETENT, HOW CAN WE REVOKE HER POWER OF ATTORNEY?

Q: How can durable power of attorney be revoked form an incompetent person? My sister and I have durable co- POA for my mother who is incompetent. Now my sister is suffering from dementia. We have one other sibling.

A: Do you mean how does an incompetent person revoke their POA? They cannot, if they are incompetent. Read the POA carefully or have a lawyer review it for you. The POA either requires both of you to act together or allows you to act together OR independently of each other. So, if it allows you to act independently and your sister develops dementia, you can act for mom and you don’t need her. If the POA requires you to act together, you have a problem. Since mom is incompetent, she cannot sign a new POA and you will need to file for a Guardianship through an attorney. It would be well worth the consultation fee to have a lawyer look at the POA.

How do I revoke my Power of Attorney?

Q: How can I revoke my power of attorney? What if my agent engages in unauthorized acts after the power of attorney has been revoked or terminated? I’ve worked outside of the United States for the past 10 years. I granted my wife POA to purchase a home and access finances in 2004. We later divorced and I retained possession of the document. We’ve since remarried and reestablished a joint residence but because I was out of the country she oversaw the movement of my property into her home. When the question came up I was told that several documents including the POA had accidentally been misplaced or destroyed during the move. During my last visit, we moved once again into the house I own so she could sell hers. While checking online records of the sell of her house I discovered that the misplaced POA had been entered into county records at the same time.

A: Normally, at least in PA, POA’s are not filed  as part of estate planning. They are filed when an incapacitated person, who has a POA, wants to transfer real estate. In such case, they are filed simultaneously with the deed. Most POAs should have language that states that the POA can be revoked in writing by the Principal. Therefore, you should be able to revoke this, by drafting a written Revocation of POA. The Revocation of POA should be sent or delivered to all those persons or entities who have a copy of the original POA on file.