POA revocation

[Freedonia]

Mother desires to immediately revoke durable POA given to son. She is concerned about what appears to be financial abuse and he says the POA gives him the right to do whatever he wishes. Is this as simple as having her indicate (in writing) her choice to revoke the POA and can it be contested by him and his attorney under the premise that she is not competent to make this decision?

 

[jharris352]

Send him a revocation letter certified return receipt or by process server. Then copy that letter to any institution where you are worried he might try to use the POA. That will stop him cold.

 

[jharris352]

He can not contest the revoking of the POA if she has not been adjudicated as incompetent. He can bring a guardianship action declaring she is incompetent and in need of a conservator. The judge will decide first if she is incompetent to handle her own affairs and they who should handle them for her. You could put your name in as a possible candidate at that point if necessary.