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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.
What else can I help you with?
How do you transfer stock when the owner is dead and left a power of attorney?
The power of attorney has no value. The probate court will have to appoint an executor for the estate, who can then transfer the stocks.
My father has power of attorney over my mother if he dies does it transfer to his executor?
No. A Power of Attorney expires immediately upon the death of the principal or the attorney-in-fact unless the Power of Attorney document provides for a named successor.
Can you pass power of attorney down to your husband if you die?
If you were grated a POA to act for some other person then you have no right to transfer that power to anyone else. If an attorney-in-fact dies the principal needs to appoint a new attorney-in-fact.
Can an attorney-in-fact under a power of attorney transfer a life estate?
If the life estate belongs to the principal, the attorney-in-fact can release it on behalf of the principal. See related question.
Can a person give the Power of Attorney they have for someone who is now unconscience to another person due to their own health issues?
They do not have the ability to transfer the power of attorney. A court can appoint a new one.
How do you transfer car title when one owner is in a nursing home?
If the owner in the home is still mentally capable, they can sign a deed. If they are not mentally capable then you must obtain a power of attorney (from a court) to deal with their affairs and the person with power of attorney can sign the deed (providing a copy of the power of attorney in support). If they are in a home and mentally capable and do not want to sign the deed then you can not transfer the car title.
Mother has dementia and a revocable trust you have power of attorney can you transfer the deed on the house to your sister and yourself by a quitclaim deed and sign it as power of attorney?
IF the POA document is "Durable", and it granted you the power to transfer your mother's real estate, and it was executed by your mother when she had legal capacity, then you may be able to make that transfer. However, you should seek the advice of an attorney to discuss your options. If the transfer isn't proper it won't vest title in you and your sister and that situation may be costly to correct when you try to sell the property at some future date.
Does the power of attorney transfer from state to state?
Yes, a power of attorney can generally be transferred from state to state, but it may need to be updated or re-executed to comply with the laws of the new state. It is recommended to consult with a legal professional to ensure the power of attorney remains valid and enforceable across state lines.
Is financial power of attorney a public record?
It depends if the Power of Attorney was recorded in the Public Records of your County. Most are not, but if it was used to transfer real estate, it just might be. Check on line at the Official Records Division of your local County Clerk's Office.
Can a power of attorney delegate their authority to another power of attorney?
No, a power of attorney cannot delegate their authority to another power of attorney.
Can a son who is power of attorney for his mother transfer stocks?
As long as the documents don't restrict his powers. He can do anything she can, including transferring stocks.
What kind of attorney can handle a power of attorney?
Anyone can act as a power of attorney for someone else. You do not have to be an attorney
