regarding power of attorney

[hawk00072]

Hi,
My question is if you give someone power of attorney, how hard is it to get it back and how would a person go about doing that? My boss gave his brother power of attorney several years ago, and now he wants it back. Since it has been so long will it be difficult for him to change it?
Boss got sick and his brother came in and took all of his personal possessions and he has had a real hard time getting it all back. He realized that his brother doesn't really have the best intentions and he doesn't trust him anymore. He is able to take care of his own business, I'm not sure why he gave it up in the first place unless he was coercerced, that wouldn't surprise me.

Thanks for the information. If you need more to go on, just ask.
Hawk

 

[lilliepoll]

I had a similar circumstance a few years ago with my mother.I had POA for her and DB came in and took her to a lawyer and had it changed to him.I don't know if laws differ in different states,(I'm in TX) but I was told by my lawyer all I had to do was bring my mom in and have it revoked and given back to me,or whoever she chose to have it.There is a document that is then sent to the person who had POA informing them that it had been revoked.It is my understanding that if the person wishing to change it is of sound mind and knows what they are doing this can be done.It sounds like your boss can do just that with no problem.I don't know what he is waiting for,but I would suggest he do it while he still able.I am not a lawyer and can only speak from experience but I suggest strongly that your boss talk to one and ask the question.

 

[seniorjudge]

Q: My question is if you give someone power of attorney, how hard is it to get it back and how would a person go about doing that?

A: You put a provision in the power of attorney that it can be revoked at any time by you (as long as you are competent).