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Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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My aunt who has power of attorney over my Grandmother age 95,

Customer Question

My aunt who has power of attorney over my Grandmother age 95, has placed my grandma in a nursing home. Grandma is furious, of sane mind and wants to change her power of attorney to me, and have the bank accounts which are in my Grandmothers and Aunts names changed and withdrawal all the money and set up new accounts, I don't want to do anything illegal but want to help Grandma as she feels betrayed by my Aunt. Suggestions? California is where she lives.
Submitted: 4 years ago.
Category: Family Law
Expert:  Lady Themis replied 4 years ago.

Thank you for your question.


A person may revoke a power of attorney at any time, and the revocation must generally be in writing with a copy issued to the agent under the power of attorney as well as any facilities or banking institutions where the POA may be on file or potentially used. Sometimes a person may contest that the principal had the requisite mental capacity to revoke the power of attorney, and for that reason, the principal may obtain a medical opinion in writing that she does have that capacity at the time the revocation is executed.


Once the old power of attorney is revoked, a new power of attorney may be executed.


Regarding bank accounts, because the accounts are joint, the aunt may claim that she had an interest in the money contained in those accounts and may sue civilly for a portion of the money. Or, the bank may refuse to allow your grandmother to close the accounts without your aunt's signature as well.

I hope this answers your question. Please let me know if you have any follow-up questions.

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