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HOW DO YOU WITHDRAW A POWER OF ATTORNEY

 
Havenlawyer's Avatar
  • Answered by:Havenlawyer
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Customer Question

HOW DO YOU WITHDRAW A POWER OF ATTORNEY

Submitted: 283 days and 15 hours ago.
Category: Australia Law
Value: AU$49
Status: CLOSED
Expert:  Havenlawyer replied 283 days and 11 hours ago.

Hello and thank you for your question.

 

The laws can differ from state to state, so please advise which state you are in?

Havenlawyer41091.7655020486

Customer replied 283 days and 4 hours ago.

NSW

Customer replied 283 days and 4 hours ago.

,NSW

Expert:  Havenlawyer replied 283 days and 3 hours ago.

The law governing powers of attorney (POA) is:

 

http://www.austlii.edu.au/au/legis/nsw/consol_act/poaa2003240/

 

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:

 

http://www.austlii.edu.au/au/legis/nsw/consol_act/poaa2003240/s51.html

 

* 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.

 

If you have a follow up question, please ask and I will attempt to assist you further, otherwise please rate my answer so that I can be paid for my time and effort.

 

Please note that I am only paid out of the previously deposited funds if you score me with 3 or more smileys/stars.

 

Thank you.

Havenlawyer41092.0747660532

Expert:  Havenlawyer replied 281 days and 23 hours ago.

I note you have viewed but not rated my answer.

If you have a follow up question, please ask and I will attempt to assist you further, otherwise please rate my answer so that I can be paid for my time and effort.

 

Please note that I am only paid out of the previously deposited funds if you score mewith 3 or more smileys/stars.

 

If you were dissatisfied with my efforts and want a refund, you should apply to customer service for a refund otherwise the funds will just sit in escrow.

 

Thanks in advance.

Havenlawyer41093.272247338

Customer replied 281 days and 20 hours ago.

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.

Accepted Answer

Expert:  Havenlawyer replied 281 days and 19 hours ago.

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.

 

Please rate my answer so that I can be paid for my time and effort.

 

Please note that I am only paid out of the previously deposited funds if you score me with 3 or more smileys/stars.

 

Thank you.

Havenlawyer41093.4118540857

Expert TypeLawyer
Category: Australia Law
Pos. Feedback: 95.0 %
Accepts: 3260
Answered: 7/3/2012

Experience: Dip Law LPAB - Sydney based lawyer

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