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Can someone other than the principal revoke power of attorney from the person given the power?
Wiki User
∙ 14y ago
No. The power to grant and revoke powers under a Power of Attorney rests with the individual. If there are special circumstances, the matter must be brought before a judge and the judge can revoke the POA.
Wiki User
∙ 14y ago
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Can a power of attorney change a principal's will?
No. A power of attorney must be voluntarily executed by a legally competent person. If the person does not have legal capacity you must petition the probate court to be appointed the legal guardian.
How do you get out of being a limited power of attorney if principal is competent but does not want to revoke your attorney in fact?
You can decline to act as attorney-in-fact.
If you had power of attorney and it was revoked and another POA is abusing the privileges what can be done to insure that person does not get everything once the person dies?
A POA gives one person (the attorney-in-fact) the authority to sign legal documents on the behalf of another (the principal). The fundamental reason for a POA is for the convenience of the principal. There are no personal privileges accorded to the POA unless they are set forth in the instrument that created the POA. If the attorney-in-fact is abusing their authority the abuse should be brought to the attention of the principal so they can revoke the POA. Only the principal can revoke a POA. If the principal is not capable of making the decision to revoke the POA or have become vulnerable to undue influence then you should seek legal advice to discuss your options. Perhaps a guardianship or conservatorship is needed. If someone is appointed guardian, the power of attorney would be extinguished. A POA expires when the principal dies. Therefore the attorney-in-fact has no special status as an heir when the principal dies unless you think they have used undue influence on the principal to draft a will that unjustly favors the attorney-in-fact. Again, you should discuss this situation with an attorney who can review the situation and explain the options.
How can you take the powerof attorney from someone?
The principal must revoke a POA in writing and deliver the revocation to the attorney in fact. A copy should be delivered to any facility where the POA had been used.
Can an agent revoke a medical power of attorney after the person has died?
A power of attorney can only represent a living person. There is nothing to revoke after their death, the power of attorney is no longer valid.
Who has the power to over ride power of attorney?
A POA expires when the principal dies. They have no power over the estate or the beneficiary.
Does a irrevocable POA have to be filed in court in Arizona?
There is no such thing as an irrevocable power of attorney. The principal (grantor) of the POA can revoke anything they have given someone else at any time they choose.
How do you sign as attorney in fact under a power of attorney?
You must have that person appoint you as their agent by executing a power of attorney document that is compliant with your state's laws. You can have the POA drafted by an attorney who can tailor it to fit your needs or you can find the forms online at a legal forms database. See link provided below.
Can the principal in a power of attorney request for it to be extinguished?
They certainly can request it be extinguished. If they are competent to handle their own affairs they apply to the court. If they granted the power of attorney, they can revoke it.
How do you revoke an irrevocable power of attorney if the principle is dead?
If the principal is dead then so is the Power of Attorney. It expires upon the death of the principal unless there was special powers granted in the POA that allowed some authority regarding the funeral.
Can a person who has been bankrupt have power of attorney over someones property and affairs?
Whether or not authorized in a power of attorney instrument, typically an agent may not: Perform duties under a contract that requires personal services of the principal; Make an affidavit as to the principal's personal knowledge; Vote on behalf of the principal in a public election; Execute or revoke the principal's will or codicil; or Exercise powers or authority held by the principal in a fiduciary capacity.
When can power of attorney be revoked?
You may revoke a power of attorney at any time by giving proper notice to the person you had authorized to act for you.
