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The person who grated the POA is the only person who can revoke it. He can revoke the POA by sending a written notice to the agent notifying them that the POA has been revoked. A copy should be sent to any institution where the POA was used. The person may then appoint a new agent by executing a new POA. If the person who granted the POA isn't capable of revoking it and appointing another agent, then some interested person needs to step up and petition the court of jurisdiction to be appointed guardian or conservator over the person and his property. That needs to be done ASAP. The court will extinguish the old POA and the new guardian or conservator will have the power to handle the affairs of the ward. You should seek the advice of an attorney to discuss your options.

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Q: How do you change power of attorney if the principal's mind is not too good and the appointed agents are acting against his best interests?
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Who has the authority to take action against a district attorney that is involved in warrant less malicious prosecution and Who can I contact besides my Court appointed Attorney?

Besides the judge himself, you will have to write a letter to the State's Attorney's Office. I should point out, that if you truly cannot trust your appointed counsel, you would do well to refuse him and have your refusal - and reasons - placed in the record.


Can the Power of Attorney assign himself and his brother to be the executor of their mother's estate?

No they cannot. There is a prohibition against making a will for another person, even if they have given you power of attorney. They can request to be appointed executors once the mother has passed away.


Can an executor appoint an attorney in fact?

An executor of an estate has the right to appoint an attorney to act on behalf of the estate. The attorney may collect debts owed of the estate, and defend the estate against any claims against it.


What are your rights against someone you appointed your power of attorney who now refuses to return your property?

You need to consult with an attorney who can review your situation and explain your options. If you can't afford an attorney and the property is under the small claims court jurisdictional limits then you can file a suit yourself. You should act ASAP.


What must you be told if you are going to be arrested?

It is required by law for police to state this paragraph to you. "You have the right to remain silent. Anything you say or do can and will be held against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?"


Can someone with power of attorney write a cheque if the person is deceased?

Absolutely not. The Power of Attorney was extinguished when the principal died. You no longer have any rights in the decedent's property. What you suggest would be against the law. You must petition the probate court to be appointed the executor or administrator of the estate.


What is that long phrase the police always use before they arrest someone?

the Miranda warning. It can vary slightly, but usually goes like this:"You have the right to remain silent. Anything you say or do can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you. Do you understand these rights as they have been read to you?"


What are all the parts of the Miranda warnings?

This is the full Miranda warning: "You are under arrest. You have the right to remain silent, as anything you say can and will be used against you in a court of law. You have the right to an attorney before questioning. If you desire an attorney, and cannot afford one, one will be appointed for you before any questions are asked. Do you understand your rights?"


What are the 3 parts of the Miranda warning?

5th amendmentsilent5th and 6th amendment


If you consulted with an attorney and your mother hired him for matters against you is that misconduct?

That attorney has a conflict of interest.


What is it called when your attorney works against you with the attorney from the opposing side?

It's known as "collusion"


Words to the Miranda warning say?

You have the right to remain silent; anything you say can and will be used against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?