QUESTION
Can power of attorney be stripped if it's being abused?
Asked on May 03rd, 2013 on Estate Planning - California
More details to this question:
I know of an elderly lady who is in the later stages in life and she signed power of attorney over to a friend of hers who has proceeded in starting to auction off her house as well as all of her assets and this was unknown to the elderly lady until just recently. My GF's dad is a helpful church guy who actually puts in time to take care of her and see her best interests are met and it really is tearing him up seeing her basically get robbed. Anyway to sign it over to him?
17 ANSWERS
A power of attorney can be revoked at any time, and it sounds like the elderly lady should do so.
Answered on May 24th, 2013 at 12:29 AM
Thomas Edward Gates
Yes, the principle can revoke a Power of Attorney.
Answered on May 06th, 2013 at 2:50 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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The elderly lady should revoke the POA; if she still has capacity, she can make a new one. If she does not have capacity, you would have to petition the court for conservatorship.
Answered on May 06th, 2013 at 2:50 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Somebody can petition the court to be her guardian. Now understand, that the sale of the property may be necessary to provide funds to take care of the lady. But it is also possible that the woman with the POA is abusing it. A guardian can protect the lady and maybe get the funds back.
Answered on May 06th, 2013 at 2:48 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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No. You cannot sign a POA over to someone else. Only the elderly lady could do this, but it sounds like she is lacking in capacity, at this point. The only other option is to apply for guardianship/conservatorship with the county probate court. You should have an attorney assist you with this.
Answered on May 06th, 2013 at 2:47 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Immediately refer the elderly lady to Adult Protective Services (APS) for a welfare check; APS will refer the matter, after collecting necessary information, will refer the matter to the county Public Guardian, who will immediately file for a temporary conservatorship, and obtain revocation of the power of attorney, and a restraining order against the person who is transferring/embezzling the property of the elderly lady.
Answered on May 06th, 2013 at 2:47 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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Yes, the lady can revoke the power of attorney at any time. She can also grant power of attorney to your girlfriend's dad, if she chooses. You should also talk to your local police or district attorney about whether the "friend" has violated any criminal laws against elder abuse by auctioning off her assets.
Answered on May 06th, 2013 at 2:47 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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As long as the elderly lady has contractual capacity she can revoke the prior power of attorney and issue another, if she wishes, to the party of her choice. If she is no longer contractually capable, and action can be started for her protection and the local probate court.
Answered on May 06th, 2013 at 2:46 PM
2 Awards
If the woman is competent, she can revoke the POA. I would think twice about taking it over unless the motives are 100% pure. A conservatorship may be the best idea so that there is court oversight and no one can say your guy is doing anything wrong and get his POA revoked. Hope this helps, but a consultation with an attorney would be a great idea.
Answered on May 06th, 2013 at 2:45 PM
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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In Michigan there are criminal laws designed to address elder abuse. You might want to take your "case" to the county prosecutor for direction. Bring all the facts which you have available to you.
Answered on May 06th, 2013 at 2:45 PM
Financial abuse of a vulnerable adult is a big concern in the legal community. Yes, a Power of Attorney (POA) can be revoked and any person who intentionally mishandles the responsibilities of a POA position can be prosecuted. First step contact any entity in your community who deals with issues affecting elderly people and ask for their help (Department of Aging, Aging Agency, etc.). They may be able to do an investigation and find out if the agent is acting improperly. Second have the gentleman who's been providing care for the lady ask her if she is willing to name him on a POA document that supersedes the earlier one. If there is a question about the lady's competence to deal with her financial affairs or understand how a POA affects her, a court can name someone as her conservator which will supersede all POA documents.
Answered on May 06th, 2013 at 2:44 PM
As long as she is legally competent, she can revoke the existing POA and sign a new one with another person. The new agent should notify everyone that he is the new agent and the old agent is no longer authorized to take actions for her.
Answered on May 06th, 2013 at 2:43 PM
If the person is still competent she can do a new power of attorney. Otherwise, you may have to go to court. Does the person have any relatives?
Answered on May 06th, 2013 at 2:43 PM
3 Awards
A guardianship proceeding should be considered. I suggest that he contact the local senior abuse and neglect unit to have the attorney-in-fact checked out.
Answered on May 06th, 2013 at 2:43 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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You can revoke a power of attorney at any time. The elderly lady should see an attorney to do this as soon as possible.
Answered on May 06th, 2013 at 2:42 PM
Probably not. However, he may be the right person to file a Petition with the Court to prevent further financial abuse of this woman. The Court can then decide who may be appropriate to serve as the woman's Guardian and Conservator. You may also want to report these activities to the authorities.
Answered on May 06th, 2013 at 2:42 PM
You should file a complaint with the local agency in charge of financial elder abuse. If the lady in question still has the capacity to do so then she can change the power of attorney. If not, then a conservatorship will have to be sought.
Answered on May 06th, 2013 at 2:41 PM