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The principal must revoke a POA in writing and deliver it to the attorney-in-fact. Copies should also be delivered to any facility, such as a bank, where the POA has been used. There is no cost involved.

If the POA was used to transfer real property then a copy of the revocation must be recorded in the land records office and the recording fee varies from state to state.

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14y ago

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You are an executor of a will can you transfer this to your sister through power of attorney?

Next, you are not the executor until you have been duly appointed by a court. Only a court can appoint an executor. If you don't want to take on the job of executor then when the will is filed for probate your sister can petition to be apponted the executor and you can file a declination at that time. An executor cannot assign their powers to someone else via a power of attorney document.


How do you transfer power of attorney?

Yes. If for any reason you are no longer comfortable having your chosen agent or agents handle your affairs, you have the right to revoke the power of attorney at any time, as long as you are of sound mind. In order to revoke a durable power of attorney, you simply write or type a statement which includes the following (forms are available from LSE): * Name and date * You are of sound mind * You wish to revoke the durable power of attorney * Specify the date the original durable power of attorney was executed * Specify the person or persons named as your agents * Your signature Distribute copies of that statement to your agent and to any institutions and agencies, such as banks and hospitals, that had notice of your power of attorney. After you revoke the durable power of attorney, you can 1) execute a new durable power of attorney naming someone else as your agent to handle your affairs; or 2) handle your affairs on your own. ==Another Perspective== A POA does not give the son the power over his mother that you describe. If your aunt wants to see you and is well enough to go out her son should not be prohibiting her from doing so. Perhaps he has been appointed his mother's guardian. If so, his rigid control over his mother should still be questioned. You should speak to the social worker at the nursing home and express your frustration over being prevented from visiting your aunt. Perhaps the social worker could explain the son's behavior. If that doesn't help then invest in an hour with an attorney who specializes in elder affairs. What you describe may be elder abuse. An elderly person who is living in a nursing home should have as much company as possible and should not be isolated from family unless there is a very good reason for doing so.


How do you get out of a power of attorney?

You may revoke a power of attorney at any time by giving proper notice to the person you had authorized to act for you. A revocation of a power of attorney is not effective as to a third party relying on the power of attorney until the third party receives actual notice of the revocation.


How does someone revoke power of attorney?

The attorney-in-fact can simply resign in writing if they wish to end their responsibilities under the POA. The principal can revoke the POA in writing, in much the same form as the original POA document. The revocation should name the AIF, the date she/he was appointed and that the Power of Attorney has been revoked as of the date of the revocation. A copy should be provided to any entity or facility where the POA had been used. If it involved the ability to sell real estate the revocation should be recorded in the land records.


The Power of A Power of Attorney?

So, what is a Power of Attorney?A power of attorney is a written document which grants another person, called an agent or attorney in fact, the power and authority to make certain decisions and act legally on behalf of another person, called the principal, who authorizes and grants the power. Notwithstanding the title of the document, the agent authorized to act does not have to be an attorney - that's the power of a power of attorney. Spouses usually name their husband or wife to be their agent. A relative, friend or anyone you trust can be named as your agent.The power of attorney is often granted for a specific time period, e.g., while the principal is out of the country or hospitalized; for a specific purpose, e.g., to run a business or purchase a home; or for a specific circumstance, e.g., to manage property because of the principal's illness. A power of attorney granted during the principal's life terminates at the moment of the principal's death- hereafter your will, or the law of intestacy, governs the handling of your estate. Keep in mind, a power of attorney document is not a substitute for a will.Types of Power of AttorneyA Power of Attorney is known by different names and can cover different areas and handle different functions.• Medical Power of AttorneyIt enables the agent to make decisions for medical care when the principal becomes incapacitated and is unable to make such decisions. It may also be called a durable power of attorney for health care.• The financial durable power of attorney should be witnessed by a notary public or attorney. If the durable power of attorney deals with the power to sell, lease, or otherwise dispose of real estate, you should have the power of attorney recorded in the Registry of Deeds, located in the county courthouse where the property is located.• The word "durable" means that your agent can continue to make decisions for you if you become incapacitated. The agent will still be obligated to act in your best interest, making decisions and using your money and property only for your benefit.By establishing a durable power of attorney, you are giving the agent some of the following powers:• To spend your money, cash checks, and withdraw money from your bank accounts• To sell your property• To pursue insurance claims and legal actionsIf you do not establish a durable power of attorney and you become mentally incapacitated, it may be necessary for a court to appoint a guardian or conservator for you.Power of a Power of AttorneyExecuting a power of attorney does not mean that you can no longer make decisions; it just means that another person can act for you also. For example, you may be hospitalized for a brief period of time and need someone to deposit your checks in the bank or pay your bills. As long as you are capable of making decisions, the other person must follow your directions. You are simply sharing your power with someone else.How Much Does it Cost?Legally, no payment is required. If payment is desired, it should be clearly stated in the power of attorney document. However, if an attorney-in-fact has to run a business or manage complicated financial affairs, then payment is appropriate.If you change your mindIf for any reason you become dissatisfied or are no longer comfortable having your chosen agent or agents handle your affairs, you have the right to revoke the agent's authority under the power of attorney at any time, as long as you are of sound mind. Be certain to distribute copies of that statement to your agent and to any institutions and agencies, such as banks and hospitals that had notice of your power of attorney. After you revoke the durable power of attorney, you can 1) execute a new durable power of attorney naming someone else as your agent to handle your affairs; or 2) handle your affairs on your own.[video=]


How much is a power of attorney in California?

California has made available statutory power of attorney forms for financial and medical matters. You can purchase these forms at stores that sell legal forms.


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