HOW DO YOU WITHDRAW A POWER OF ATTORNEY
Hello and thank you for your question.
The laws can differ from state to state, so please advise which state you are in?
The law governing powers of attorney (POA) is:
There are essentially three types of POA:
* An ordinary POA which operates only whilst the principal has mental capacity and can be revoked by the principal by simply advising the attorney that the power is revoked (naturally this should be done in writing and the revocation can be registered in accordance with s.51 of the Act:
* An enduring POA which can be revoked by the principal in the same way as an ordinary POA whilst the principal has mental capacity, but endures in the event the principal loses capacity.
* An irrevocable POA cannot be voluntarily revoked by the principal and endures after the principal loses capacity.
Additionally, in each case a POA can also be terminated by a court in various circumstances.
I trust the above assists your understanding.
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Hi, can I ask what can be done to a person who withdraws the attorney against the wants of other parties who wanted her to enter into it in the first instance. i e people who think she may spend their supposed expected inheritance.
If an attorney is removed by a court or the principal or resigns for some reason, they will not have a cause of action against anyone.
If the attorney has misused their power so as to strip the principle of assets for their own purposes, then they can be sued by the principal, or after the principle's death, the executors can pursue claims against them.
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Dip Law LPAB - Sydney based lawyer
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