Revoke Power Of Attorney ???

Q: In a situation where two people (X and Y) have powers of attorney for an elderly relative, and X, who's responsible for his banking and other financial affairs has acted improperly, can Y sign a revocation of power of attorney? In this situation, it could endanger the elderly relative's health to learn of X's improper actions. This makes is difficult to explain to him the need for the revocation, so Y would like to sign it himself. It will be notarized and witnessed, and it's in Arizona.

A: -Probably not. Unless the power granted to Y specifically grants Y the power to revoke powers to others -- and even if it did it might not be a power that can be granted -- Y cannot revoke another's power of attorney. If the elderly relative is still competent and able to make another power, that POA can specificvally revoke any POAs granted in the past. If relative is not competent to make another POA (so the POAs we are discussing are Durable POAs, else the POAs terminate when the relative is incompetent to revoke that POA) you either persuade X to stop using the POA or ask a court to take action to revoke -- not a simple step. -If X has acted in a manner that breaches his/her fiduciary duty to the principal, then Y could petition the court (POSSIBLY, but not for sure without the principal's knowledge) for a revocation of the POA. However, I would not believe that Y can automatically revoke X's POA unless the document originally granting Y's POA gives him/her that power. I would also look for language in X's POA document that may discuss termination of the POA for breach of duty or improper behavior. Good luck (and contact an atty in your area!) -It's difficult to say without knowing more, and each state's laws are different regarding powers of attorney (I practice in California). The power to revoke another power of attorney may have to be explicit in Y's power of attorney. In any event, you or the elderly relative should see an attorney. The person who made the power of attorney always has the power to revoke it, unless it's irrevocable for some reason. If that person doesn't want to revoke it but is being harmed, you may have a problem best suited for a conservatorship.

Discuss It!

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David Charles Braswell said:

My dad is in jail and he gave my stepmom POA.. but now he wants to give POA to me and my brother.. and I know AZ is a community property state.. What can I do?

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