QUESTION

How can we revoke a power of attorney and through what court do we do this process?

Asked on Aug 07th, 2015 on Family Law - New York
More details to this question:
Hi. I have a situation in which my grandfather is being taken care of by my uncle who is also his power of attorney. It was found that my uncle has embezzled, $40,000 into his own personal investment and 20,000 into his own personal cd account.
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1 ANSWER

Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
You need to do more than simply revoke a power of attorney. If your father is mentally competent, he can revoke the power of attorney and contact his financial institutions to inform them of the same. He can then start a lawsuit against your uncle for unjust enrichment to recoup the stolen money. If your father is not in a lucid mental state, and your uncle hasn't been appointed as your father's guardian by a court, you need to start a proceeding in Supreme Court for guardianship. If the court determines guardianship is appropriate, you will be able to act on your father's behalf, in which case you can do all of the above. 
Answered on Aug 10th, 2015 at 1:31 PM

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