How can I remove my daughter in the power of attorney?

Question

I signed for my daughter to be my power of attorney. I found out since then that she is trying to take everything we have. She is telling me that I can't have her named removed.

Shadi Ala'i AlaiShaffer · Answer

You most certainly can she is absolutely wrong! Go draft a new power of attorney and notify all of your financial accounts that she is not to have access to any accounts. You can also write her a letter and tell her you do not wish her to access any of your accounts and she is no longer your power of attorney. You may also consider seeking the advice of an attorney!

Gerald Bagazinski · Answer

Sign a revocation of the power of attorney and provide a copy to each financial institution with which you do business.

Carl Silver · Answer

All powers of attorney are revocable. Send daughter by first class mail and certified return receipt a Revocation of the Power of Attorney.

James Weiner · Answer

You simply notify her IN WRITING that you withdraw the power of attorney Copy your bank, etc. and take her name off of everything.. If she continues you can charge her with theft..

James Oberholtzer · Answer

You can revoke the power of attorney at any time.  If your daughter is resisting your efforts, you should contact an attorney and he or she can assist you.

Carmen Marquez · Answer

An Durable Power of Attorney is revocable at any as long as you have capacity.

James Frederick · Answer

You can revoke the POA. You would send her a letter notifying her that you have revoked the POA and she does not have authority to act on your behalf, any longer. You would also want to send copies to all the places where you do business, such as your bank, investment companies, etc.  You will then want to sign a new POA form naming someone else. That way, you will be protected in the event of future incapacity.

Don Rosenberg · Answer

Easy, revoke your power of attorney and establish a new one that way you want.  Make sure you send the revocation to your financial places.  Also, you do have to be competent to do this.

Thomas Edward Gates · Answer

You just need to tell her writing that she is no longer your Attorney-in-Fact.  Any action taken by her after notice, would be illegal.  You can also seek to undo what she has done.  Next time do not have your POA become effective immeditally.

Victor Waid · Answer

Execute a new power of attorney revoking the power of attorney you have and naming someone else, and give written notice to your daughter. Get a probate attorney to prepare a good one for you. Your daughter is absolutely wrong. If you do not want to execute a new power of attorney, give written notice to your daughter, you have revoked your power of attorney. Don't delay; take care of this right away.

Neil Lehto · Answer

Of course, it can be revoked. You need to communicate in writing your removal not only to her personally but immediately to everyone she was authorized to deal with on your behalf.

Paul Nidich · Answer

Yes, you can remove her as your power of attorney.  It would be best for you to see an attorney to make sure this is done correctly.

Charles Perry · Answer

Your daughter is in error as to whether her name can be removed from   the power of attorney.  You can revoke the power of attorney, or amend it to give someone else   the power.  Once the power is revoked, you should inform everyone whom   your daughter might have dealt with in connection with your affairs,   so that they stop honoring the power that you gave to your daughter.  If you have any questions, you should contact an attorney in your area   to advise you, and to draft the revocation.

Craig Parker · Answer

You can revoke a power of attorney at anytime.  You can attempt to draft a revocation of the power of attorney yourself or get the assistance of an attorney to assist you.  You then must serve the revocation on your daughter.  You should also serve it on any financial institutions which have been relying on the power of attorney.

Jayne Sebby · Answer

You can change your power of attorney at any time, either by notifying those with whom your daughter is working that you are revoking her authority or by assigning in someone else as your attorney-in-fact in a written document.

Richard Damon · Answer

Get the original back and destroy it.  Sign and notarize a new power of attorney.

Frances Headley · Answer

You can revoke the power of attorney at any time.  You should consult an estate planning attorney for assistance in revocation and executing a new power of attorney, should you so desire.

Edward Armstrong · Answer

Talk with your lawyer and simply revoke the power of attorney in writing.  Notify all of your banking, investment, etc. connections that you have revoked it and, if need be, take her to court.

Brooke Ashton · Answer

Except in very limited circumstances, you have the power to revoke a power of attorney at any time during your life. You should notify financial institutions that her power of attorney has been revoked.

Dara J. Goldsmith · Answer

Generally speaking powers of attorney are revocable.  You should review the document and if you are uncertain you should seek legal counsel.  In most instances you need to advise the attorney in fact that you are revoking it.  To prove you have done that I suggest a letter, keep a copy for your records and send the letter both via regular and certified mail. Keep in mind, my suggestion is based upon revoking moist powers of attorney, yours may be different.

Ruth Emily Vogel · Answer

You do a rescission to the POA.  Then you serve the rescission on your daughter and anyone else who has a copy of the POA.  An attorney would be helpful.

Ben Liu · Answer

You should be able to - go see the lawyer who did the power for you and have a new one done.  Unless there is language not allowing removal; but this is not normal.

Edwin Fee · Answer

You may sign a new document revoking the power of attorney.

Brian Haggerty · Answer

You need to take a Revocation of Power of Attorney to each bank or brokerage where you have accounts; if she recorded your Power of Attorney in the county records, record a Revocation. Also send your daughter a letter saying you are revoking her power of attorney, and directing her not to take any further actions with respect to your finances. If she does not comply, contact Senior Services, Adult Protective Services (I assume you're over 65) and assert elder abuse. That will cool her off.

Brad Micklin · Answer

All you need to do is draft a new poa which will revoke the first and send copies to all institutions and file with the county registrar or send the institutions a revocation of that poa.

Darin Christensen · Answer

You give her written notice that the power of attorney has been revoked. In order to keep her from using the revoked power of attorney (for which she would be liable but could still cause problems), you also should send written notice to your bank, brokerage firm, etc., that the power of attorney has been revoked.

Tres Porter · Answer

Yes, you can.  You should consult with an estate planning, elder law, and/or civil litigation attorney immediately.

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